Ac1.1 describe processes used for law making Flashcards
what are all the processes of making law
government process, judicial precedent, statutory interpretation
what is the government process
first reading
second reading
committee stage
report stage
third reading
repeated in the house of lords
royal assent
what happens in the first reading
where the name of the bill and its main aims are read out a formal vote is taken.
what happens in the second reading
the main debate takes place followed by another vote
what happens at the committee stage
a chosen group of representatives look closely at the bill to address any issues and suggest appropriate amendments.
what happens during the report stage
the committee report back to the full house who then vote on the proposed amendments.
what happens during the third reading
the final vote on the bill.
what happens when it is repeated during the house of lords
when the bill goes to the house of lords and the process is repeated, if they alter anything it would go back to the house of commons for debate then back to the lords. this happens for any alterations suggested this is known as ping pong.
what happens during the royal assent
the monarch signs the bill, they cannot refuse.
what is judicial precedent
law made by judges in the court
what are 2 case examples for judicial precedant
Donoghue v Stevenson (1932)- woman brought a ginger beer with a decomposing snail in it. she sued the manufacturer and won , this created the neighbourhood principle founded the modern day law of negligence.
Daniels v white (1938)- the claimant brought a lemonade which contained corrosive metal. they used the precedent made in Donoghue v Stevenson.
what are some of the rules for judicial precedent
- judges need to apply the law constantly
- law must be applied in all cases
- the courts are bound by the decisions made is the higher courts.
- if there is no precedent made there make an original precedent.
what is statutory interpretation
this is were judge may have to interpret words and phrases in statues. there are multiple rules they need to follow for this (mischief rule, golden rule, literal rule, purpose approach)
