UNIT 4 - AC 1.1-1.3 Flashcards
Where does a Bill typically start?
The House of Commons
What is a Green paper?
When a new law is considered, a Green paper is released for public consultation
What is a white paper?
A formal proposal with amendments based on public response/consultation.
What happens at the First reading?
The name of the Bill and it’s main aims are read out and a formal vote it taken
What happens at the Second reading?
The main debate takes place followed by a second vote
What happens at the Committee stage?
A closed group people look closely at the Bill to address any issues and suggest amendments
What happens at the Report stage?
The Committee reports back to the full house who then vote on the proposed amendments
What happens at the Third reading?
The final vote on the Bill, the Bill proceeds, this process is repeated in the House of Lords, who can send the Bill back to the House of Commons if they are unhappy with it. The Houses can send the Bill back and forth until both parties are happy with it
What happens at the Royal assent?
The monarch signs the Bill, they cannot refuse as it is a symbolic stage.
What is judicial precedent?
Law made by judges in courts. When a case appears before them they must make a judgement and this forms the law. Has a hierarchy of courts Decisions made in a higher court creates an original precedent for all lower courts
What are the exceptions of judicial precedent? Distinguishing definition
The judge finds the facts in the present case are different from the previous one and will allow them to reach a different decision and not follow precedent.
What are the exceptions of judicial precedent? overruling definition
Where a court higher up the hierarchy states that a legal decision in an earlier case is wrong and overturns it.
The definition of judicial processes of law making: Statutory interpretation
Judges can make laws by the way they interpret the statutes or Acts of Parliament.
The 3 rules of judicial processes of law making: Statutory interpretation
The literal rule
The golden rule
The mischief rule
The Literal rule definition
Judges should use the everyday meaning of the words in a statute BUT-words can have several meanings.
Eg. R v Maginnis (1987)-case involving illegal drugs-different meanings were found for the word supply.
The golden rule definition
The literal rule can sometimes lead to an absurd result.
The golden rule can be applied to avoid this happening.
In the case Adler v George (1964) Adler stated he had not broken the law because he was not literally in the vicinity of a prohibited place but was actually in it.
The court chose to apply the golden rule to avoid an absurd result and Adler was convicted.
