ENGLISH LEGAL SYSTEM Flashcards
(14 cards)
What is parliamentary law making?
Before a bill passes through Parliament, a consultation process often takes place. Green papers and White papers are often issued, outlining proposals for the bill, in order to canvas opinion and to generate debate before the bill comes before Parliament.
What is green paper
A consultation document that presented proposals for discussion before a final decision is made.
Allows both inside and outside parliament to give feedback.
What is white paper?
Document issued by government which contains detailed proposals for legislation.
Final stage before the government introduces their proposal to parliament.
Follows green paper
Journey of a government bill
-first reading
-second reading
-committee stage
-report stage
-Third reading
What is a first reading?
The title and main aims are read out.
No debate occurs at this stage.
A verbal vote is taken on whether it should be taken to a second reading.
What is a second reading?
The main policy areas of the bill are debated by the whole house.
A vote is taken and if majority agrees then it’s taken to committee stage.
If this happens it’s unlikely the bill will fail.
What is the committee stage?
Between 16 and 50 MPS conduct a line by line examination of the bill.
They debate every clause and amend anything.
What is the report stage?
The standing committee reports back to the whole house.
The house can make further amendment and talk over ones that have been made.
Once passing a vote it can move into third reading
What is the third reading
There is a review of the whole bill.
After a successful vote the bill passes to the House of Lords where the same stages are repeated.
What is judicial precedent
Founded on the principles of Stare decisis meaning to stand by the decision.
Once a court makes a decision both they and the courts beneath then are bound by that decision.
Ensures justice
What is the hierarchy of the courts?
Lowest-
Magistrates
Crown
County
High court
Court of appeal
Supreme Court
Highest-
Lowest 3 don’t have the power to overrule or create precedent
What does ratio decidendi mean
Reasons for decisions made In past cases
What is distinguishing In judicial precedent
A way of avoiding presedent by finding significant differences between the previous case and the present one.
What is the practice statement
Although the Supreme Court should aim to follow their own past decisions they should be able to depart from them when it appears right to do so.
