AC 1.1: Describe processes used for law making Flashcards
(24 cards)
What is parliament made up of?
Monarch, House of Lords, House of Commons
What are Green Papers?
Published by govt before putting bill before Parliament - report provokes public discussion (questions for individuals/organisations)
What are white papers?
After consultation - govt publishes
Sets out detailed plans for legislation - draft version of bill
What happens in the first reading?
Introduce bill into Commons - formal announcement/vote to allow it to move to next stage
What is the second reading?
Principles considered/debated by Commons. Vote taken - usually win due to majority
What happens in the committee stage?
BIll examined in detail - line by line, small commitee, report back to propose amendments
What happens in the report stage?
Opportunity to consider commitee’s report/debate/vote on amendments - debates over multiple days
What happens in the third reading?
Final chance to debate + no amendments allowed
Either has to pass/reject
What happens after a bill has gone through the commons?
Goes into HoL - same stages, if amended then returns to commons
What is royal assent?
Bill goes to monarch for signing - becomes Act of Parliament
Becomes law immediately unless act specifies later date - commencement order
Exam Question: Briefly describe the parliamentary process of making laws (4)
- Collection of proposals put together in green paper
- Firm proposals put forward in white paper
- Bill enters parliament, proceeds through Commons/Lords
- Various stages e.g. debates, voting takes place including First Reading, Second Reading, Commitee Stage
- Royal Asssent to allow to become law
What is judicial precedent?
- Past decisions create law for future judges
- Following previous cases = stare decisis (common law)
What is the advantage of common law?
Easier to advise clients as can look at previous cases + prevents miscarriages of justice as follow same process
What is the court hierachy?
- Supreme Court
- Court of Appeal
- Crown Court
- Magistrates Court
What are the two main exceptions to precedent?
Distinguishing & overuling
What is distinguishing?
Precednet only binding if legal principle is same/facts similar, if judge finds facts are different enough they don’t have to follow precedent
What is overruling?
Court higher up in hierarchy rules decision in earlier case was wrong, overturns e.g. SC can overrule all courts below
What happened in the case of R
Husband convicted of attemtping to rape wife, appealed on grounds that precednet said could not be guilty as marriage gave irreversible consent BUT court of Appeal overruled as couple now seen as equal partners
What is the judicial process of statutory interpretation?
Statute is written law, judges interpret meaning and apply to case
How could the Dangerous Dogs Act 1991 be an example of a statute law which is open to interpretation?
Act requires dogs be kept on leash for certain dogs defined by the characteristics but not genetic - open to intrepretation
What is the literal rule?
What is a problem with this and an example?
Judges use every day meaning of words of a statute
Problem: Words can have more than one meaning
Example: R V Maginnis (1987) - illegal drugs, different judges different meanings for “supply”
What is the golden rule?
What is an example of the golden rule?
Can lead to absurd result with literal rule, allows courts to modify to avoid
Alder v George - Official Secrets Act (1920) - offence to obstruct forces “in the vicinity of” a prohibited place e.g. naval base, argued not broken law as was actually in it but court applied golden rule
What is the mischief rule?
Examples
Allows court to enforce what statute was intended to achieve
Licensing Act 1872 - offence to be drunk in charge of “carriage” on highway - Case: Corkery v Carpenter (1951) found guilty but was in charge if bicycle - intended aim to avoid using any transport
Exam Question: Describe judicial involvement in law-making (4)
- Judicial law making/precednet made by judges in courts
- Must make judgement + forms law
- Followed in future cases by courts in hierarchy
- Judge in higher courts interpret words/phrases in statute
- Judge has variety of rules e.g. literal
- Include examples
