Ac 1.1

Question 1

The two key law making processes in the uk?

Answer 1

Government process
Judicial process

Question 2

The uk is a parliamentary democracy, what does this mean?

Answer 2

“Power to the people”
Vote for people in charge.

Question 3

What three parts is parliament made up of?

Answer 3

The monarchy
House of Lords
House of Commons

Question 4

What role does the monarch have in law making?

Answer 4

Only a formal role
Gives royal ascent which is their agreement to the new law

Question 5

What are the members of the House of Lords called?

Answer 5

Peers
Approximately 800

Question 6

What is the role of the Peers?

Answer 6

‘Double check’ new laws

Question 7

Where did peers come from in the past?

Answer 7

All peers were noblemen- dukes and barons
Many held hereditary positions
2023- only 92 hereditary peers who continue to sit in the House of Lords ‘by right’

Question 8

Do they devalue democracy? Do they represent the views of the people?

Answer 8

Granted a seat due to birth right
Not elected
Out of tough
Undermines principles of equality
System perpetuates privilege

Question 9

What is a dictator?

Answer 9

Absolute power and control by one person

Question 10

Who gets to vote in the uk?

Answer 10

18+

Question 11

HOC and how its elected?

Answer 11

646 elected members
Each represent an area of the uk known as a constituency

Question 12

How does the HOL differ from the HOC?

Answer 12

Unelected
Some used to be MPs but most are expert like lawyers and scientists

Question 13

What is government?

Answer 13

Party who gains the most seats

Question 14

What is cabinet?

Answer 14

PM choose group of people with expertise responsible for running a department

Question 15

What is parliaments role in relation to the government?

Answer 15

An expression of the will of the people

Question 16

What is the purpose of the green paper?

Answer 16

Proposes reforms or policy options for public discussion
Seeks input from stakeholders and the public

Question 17

Which type of paper outlines specific proposals going forward?

Answer 17

A white paper outlines specific government proposals or policies. Provides detailed plans for legislation or other actions.

Question 18

Where might you find a white paper in the legislative process?

Answer 18

White papers often appear in the legislative process as official government documents. They present policy recommendations.

Question 19

explain the diffrence between consultation in green papers and implementation in white papers

Question 20

Name one real world example of a green paper or white paper related to criminology?

Answer 20

A green paper of juvenile justice reform
A white paper proposing changes to policing practising

Question 21

What happens after the green and white papers?

Answer 21

It is put forward in its draft form as a bill. For a bill to become law it must go though a series of stages in parliament

Question 22

What is the first reading?

Answer 22

Gov introduces the bill into the commons where it receives its first reading
Formal announcement
Followed by a vote to allow it to move to the next stage

Question 23

What is the second reading?

Answer 23

It’s main principles are considered and debated by the HOC
Vote is taken

Question 24

What is the committee stage?

Answer 24

Bill is examined in detail by a small committee made up of MPs
Committee reports back to the whole house and often proposes changes to the bill

Question 25

What is the report stage?

Answer 25

The committee report back to the full house who then vote on the proposed amendments.

Question 26

What is the third reading?

Answer 26

The final vote on the bill House votes to pass or reject the bill

Question 27

What is the lords?

Answer 27

Bill goes to the House of Lords where it goes through the same stages at the HOC

Question 28

What is the royal ascent?

Answer 28

The monarch signs the bill They cannot refuse as its only a symbolic gesture as head of state The bill then becomes an act of parliament and the commencement date is given

Question 29

Judges can make laws too What are the two types of judicial process of law making?

Answer 29

Judicial precedent Statutory interpretation

Question 30

What is judicial precedent?

Answer 30

Judge must follow decisions made by a higher court in a case with similar material facts

Question 31

Why treat cases in a similar way?

Answer 31

Creates consistency, certainty and fairness

Question 32

Why is court hierarchy important?

Answer 32

Supreme Court ^ I I Magistrates court A decision taken in a case by a higher court automatically creates an original and binding precedent for all lower courts

Question 33

What are teh two exceptions to judicial precedent?

Answer 33

Distinguishing Overruling

Question 34

What is distinguishing?

Answer 34

Avoids following precedent because the material facts of the present case are sufficiently different from the earlier case

Question 35

What is overruling?

Answer 35

Higher court states that a legal decision in an earlier case is wrong and overturns it.

Question 36

What is statutory interpretation?

Answer 36

Judges can make laws by the way they interpret the statues or acts of parliament A statue is a written law, so judges need to interpret the meaning of its words and apply them to the case they are judging

Question 37

What are the three rules judges must follow when using statutory interpretation?

Answer 37

Mischief Golden Literal

Question 38

What is the mischief rule?

Answer 38

Allows the court to enforce what the statue was intended to achieve, rather than what he words actually say Linked case - Corkey and carpenter 1951

Question 39

What is the golden rule?

Answer 39

The literal rule can lead to absurd results The golden rule allows courts to modify the literal meaning to avoid this Linked case - Adler vs George 1964

Question 40

What is the literal rule?

Answer 40

Judges should use the everyday, ordinary meaning of the words in statute However, an issue is words have several different literal meanings Linked cases - RVs Maginnis 1987 DPP vs cheese man 1990 Whitley vs Chappel 1868