Ac 1.1: Describe Processes Used For Law Making

Question 1

What are laws made by parliament referred to as?

Answer 1

Statutes or act of Parliament

Question 2

What is parliament made up of?

Answer 2

The Monarch
The House of Lords
The House of Commons

Question 3

What are members of the House of Lords called?

Answer 3

Peers

Question 4

How many peers are in the HOL?

Answer 4

780

Question 5

How many hereditary peers and bishops/archbishops are there in HOL? What are the rest of them known as?

Answer 5

Hereditary peers - 92
Bishops/archbishops- 26
The rest - life peers

Question 6

What is the main job of the Lords?

Answer 6

To act as a ‘double check’ on new laws

Question 7

Why is the House of Commons the most important part of Parliament?

Answer 7

Because it is made up of elected representatives of the people.

Question 8

How many MPs are there in HOC?

Answer 8

650

Question 9

How do they become MPs in the HOC?

Answer 9

Elected at general elections to represent a constituency (a geographical area of the country)

Question 10

How many MPs are there in each party of the HOC?

Answer 10

361 conservative
199 labour
45 Scottish national party
12 Liberal Democrat
A number from smaller parties

Question 11

What is a bill?

Answer 11

A proposal for a new law

Question 12

What is the governments job?

Answer 12

To run the country and most proposals for new laws come from the government as they are able to pass them through parliament

Question 13

Before a bill is put to parliament, what two types of paper are produced?

Answer 13

Green and white

Question 14

What is the green paper?

Answer 14

Consultation documents by the government. Allows people inside and outside of parliament to give feedback on its policy or legislative proposals

Question 15

What is the white paper?

Answer 15

Policy document after a consultation. Sets out detailed plans for legislation, includes draft version of bill to put before parliament.

Question 16

What are the 7 parliamentary stages of a bill?

Answer 16

First reading
Second reading
The committee stage
The report stage
Third reading
The lords
Royal assent

Question 17

What is the first reading?

Answer 17

Government introduces Bill into commons. Formal announcement of Bill, followed by vote.

Question 18

What is the second reading?

Answer 18

The first opportunity for MPs to debate the general principles and themes of the bill. Takes place in HOC.

Question 19

What is the committee stage?

Answer 19

Each clause (part) and any amendments (proposals for change) to the bill may be debated. Takes place in HOC with MPs and public bill committee.

Question 20

What is the report stage?

Answer 20

If bill has been amended, it is reprinted before next stage. Bill can be debated and further amendments proposed. Takes place in HOC with MPs.

Question 21

What is the third reading?

Answer 21

Final chance for the commons to debate the contents of a bill. House votes to pass/reject Bill.

Question 22

What is the lords stage?

Answer 22

Bill goes to HOL, through same stages as Commons. They can make amendments. Goes back to Commons after.

Question 23

What is the royal assent stage?

Answer 23

Monarchs agreement to make the bill into an act and is a formality.

Question 24

What is meant by judicial precedent?

Answer 24

Law making where the past decisions of judges create law for future judges to follow. It is the idea of stare decisis (standing by a decision)

Question 25

What does a decision taken in a case by a higher court create?

Answer 25

An original or binding precedent

Question 26

What are exceptions to precedent?

Answer 26

Distinguishing and overruling

Question 27

What is distinguishing?

Answer 27

When a judge finds the facts in the present case to be different enough from the earlier one to allow them to reach a different decision and not have to follow the precedent of the earlier case

Question 28

What is overruling?

Answer 28

When a court higher up in the hierarchy states that a legal decision in an earlier case is wrong and overturns it. Likely to happen in Supreme Court.

Question 29

What is statutory interpretation?

Answer 29

Judges can also make law by the way they interpret the statutes or act of parliament.

Question 30

What are the three rules under statutory interpretation?

Answer 30

Literal rule Golden rule Mischief rule

Question 31

What is the literal rule?

Answer 31

Under this rule, judges should use everyday, ordinary meaning of the words in a statute.

Question 32

What is the golden rule?

Answer 32

This can be used to modify the literal meaning of a word if it is likely to lead to an absurd result

Question 33

What is the mischief rule?

Answer 33

This allows the court to enforce what the statute was intended to achieve, rather than what they say