AC1.1 Describe processes used for law making. Flashcards
(23 cards)
What is the first thing that happens in the creation of a law?
The government propose a new law.
What is a green paper?
A report that encourages public discussion of the proposal.
What is a white paper?
A document setting out their plans for legislation. A draft version of the Bill is included.
After a green and white paper have been produced what happens?
The Bill is passed to Parliament
What is the first parliamentary stage?
The first reading where the bill is introduced and voted on by the House of Commons.
What happens at the second Parliamentary stage?
The second reading where the Bill’s main principles are debated, voted on and if agreed moves on.
What is the third Parliamentary stage?
The committee stage where the Bill is examined in detail by a group of MPs from different parties. The report back to the House and propose amendments to the Bill.
What is the fourth Parliamentary stage?
The report stage where MPs consider the report and debate on any amendments they want to make over several days.
What is the fifth Parliamentary stage?
The third reading where no amendments are allowed. The House votes either to pass the Bill or to reject it.
What is the sixth Parliamentary stage?
When the Lords receive the Bill and go through the same stages. If they make amendments it goes back to the House of Commons where they decide to accept or reject them.
What is the seventh Parliamentary stage?
Where the Royal Assent is given by the monarch who signs to make the bill a law.
What is judicial precedent?
Where past decisions of judges create law for future judges to follow.
Why does judicial precedent apply?
Due to the court hierarchy where higher courts set precedent for all lower courts to follow in similar cases.
What is an exemption to judicial precedent? D
Distinguishing where the judge finds facts are different enough to reach a different decision. A precedent only applies if the legal precedent is the same and facts are similar.
What is an exemption to judicial precedent? O
Overruling is where a court higher in the court hierarchy states the legal decision in a case is wrong and overturns it.
Example of overruling
The law of martial rape. In the case of R v R where a husband was convicted of attempting to rape his wife. He appealed on the precedent that a man could not rape his wife due to the marriage contract giving “irrevocable consent” to sex. The appeal court overruled this on the ground that couples are now seen as equal partners in a marriage.
What is statuary interpretation?
where judges make law by interpreting statutes.
One rule judges use to interpret is The L…
Literal rule where judges use the everyday meaning of the words in a statute. However, an issue is some words can have different meanings.
Example of the literal rule being used.
Judges found different meanings of the word “supply” in an illegal drug case.
One rule judges use to interpret is The G….
Golden rule that allows the court to modify the literal meaning to avoid absurd results from the literal rule.
Example of the golden rule being used
It is illegal to be “in the vicinity of” a prohibited place. A man argued he broke no laws as he was inside the vicinity. The golden rule convicted him.
One rule judges use to interpret is The M…
Mischief rule which allows the court to enforce what the statute intended to achieve.
Example of the mischief rule being used.
The law states it is an offence to be drunk driving a “carriage” so a man argued driving his bike while drunk was not an offence. The mischief rule convicted him.
