Ac1.1 Flashcards
(18 cards)
What groups make up the parliament
House of Commons -> Elected representatives(MPS)
House of Lords -> Non elected peers
The monarch-> King or queen
What is the order of the processes of consultation and debate(how is a bill made)
First reading
Second Reading
Committee Stage
Report Stage
Third Reading
House of Lords
Ping Pong
Royal Assent
Act
What is the first reading
Government introduces the bill in the House of Commons, a vote is then taken
What is the second reading
A main debate and another vote is taken.
Committee stage
Small chosen group of individuals look closely at the bill.
Report stage
MPs will consider the changes and vote on the amendments and suggestions made
House of Lords
The bill follows the same steps within the House of Lords, if they make an amendment it will go back to the House of Commons
Ping Pong
This is where the bill is sent back from the House of Commons and lords with amendments until a final agreement is made.
Royal Assent
The monarchs sign of on the bill
What’s an example of this process
The coronavirus act
What is the judicial precedent
This is where the past decisions of judges are regarded as an example or guide that should be followed by other judges in comparable cases.
Example of judicial precedent
Donoghue v Stevenson setting a precedent for the case Daniels v White.
What happened in Donoghue V Stevenson
A women became ill after drinking a ginger beer which had the remains of a decomposing snail in it. The women sued the manufacturer and won as the judged decided the manufacturer had duty of care.
What happened in Daniels V White
Claimant was hurt when drinking a bottle of lemonade which was found to have corrosive metal inside, using the judicial precedent the claimant won the case.
What is statutory interpretation
Judges interpret statues (written laws) or Acts of Parliament and is often conducted by judges in the superior courts e.g. Court of appeal or supreme court and it involves reading and reviewing the meaning of words in statues then applying them to cases.
What is the literal rule
Common and standard meaning of the words in the law/statue
Golden Rule
The rule is an adjustment to the literal rule and is when the literal rule produces an absurd results/outcome.
The mischief rule
Look at intention of statue