1. 1 Describe Processes For Law Making Flashcards
What is statue?
A law made by parliament also referred to as an act of parliament
What is a bill?
A proposal for a new law or a change to an existing law
What is the monarchs role un law making
To formally agree to a bill through royal assent
The role of the House of Lords in lawmaking?
To review, debate, and suggest amendments to bills
What is the role of the House of Commons un lawmaking
To represent constituencies (geographical areas) debate and vote on proposed laws-bills
What are green papers?
A consultation documen’ts from the government which allows the public and parliament to give feedback on legislative proposals
What are white papers?
policy documents produced by the Government that set out their proposals for future legislation. They often include a draft Bill and are used to get feedback before the Bill is officially presented to Parliament.
How many stages are there in lawmaking
There are 7 stages
1) first reading
2) second reading
3) committe stage
4)report stage
5) third reading
6) consideration of amendments
7) royal assent
What happens at the first reading of a Bill?
Introduction and formal an nouement of the bill no debate takes place
What happens at the second reading of a Bill?
MPs debate the bills main principles
What is the Committee Stage?
A detailed examination of the bill where MPs debate each clause and any amendments
What is the Report Stage?
Further amendments are considered
What happens at the third reading of a Bill?
Final debate and vote on the bill
What happens in the consideration for amendments stage
It goes to the House of Lords for the same stages
What is the “Ping Pong” process in law-making?
It’s when a Bill is sent back and forth between the House of Commons and House of Lords until both agree.
What is royal assent?
‘The Monarch formally agrees to make the Bill into an Act of Parliament.
What is judicial precedent?
, A previous decision set by a court which will be followed for decisions in similar cases which can be reversed only by a higher court.
What is statutory interpretation?
When judges interpret the meaning of laws passed by Parliament
What is the purpose of the Criminal Justice Act (2003)?
To create a clear and flexible sentencing framework, including punishment, crime reduction, rehabilitation, and public protection.
What does the Crime (Sentences) Act (1997) introduce?
Minimum sentences for serious crimes and changes for mentally ill and young offenders.
What does the Dangerous Dogs Act (1991) ban?
Certain dog breeds and situations where dogs are dangerously out of contr
What are some issues with hereditary positions in the House of Lords?
They are undemocratic because members are not elected.
How is the House of Commons democratic?
MPs are elected by the public to represent their constituencies, ensuring democratic input.
How thorough is the law-making process?
It allows for multiple stages of review and amendment but can be slow and bureaucratic. meaning it takes time and involves a lot of paperwork, which can delay the passing of laws.
What is the role of the Government in law-making?
: The Government proposes new laws and policies, which are then debated and passed by Parliament.
What are the three exceptions to judicial precedent?
distinguishing - A judge finds the facts different from a past case.
Overruling - A higher court overturns a previous decision.
Reversing- A higher court changes a lower court’s ruling on appeal.
What are the three main rules of statutory interpretation?
• Literal Rule - Uses the ordinary meaning of words.
• Golden Rule - Avoids absurd results by modifying literal meanings.
• Mischief Rule - Focuses on Parliament’s intent behind the law.
Case for literal rule?
R vMaginnis (1987)-case involving illegal drugs-different
meanings were found for the word supply.
What is an example case of the Golden Rule?
Adler v George (1964) - The defendant argued he was inside a restricted area, not “in the vicinity,”
What is an example case of the Mischief Rule?
Corkery v Carpenter (1951) - A man was drunk while cycling,
Exam Practice
Q: Describe the process used by the government for making laws (4 marks).
A:
1. Start with a Green Paper for feedback, followed by a White Paper with detailed proposals (1 mark).
2. Introduce the Bill in the House of Commons for readings, debates, and amendments (2 marks).
3. Pass the Bill through the House of Lords and receive Royal Assent from the Monarch (1 mark).
