1.1 Flashcards

1
Q

What is the government process of law making referred to as?

A

Legislation

Legislation refers to laws made by Parliament.

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2
Q

Who provides ‘Royal Assent’ in the UK law-making process?

A

The Monarch

In the UK, this refers to the King or Queen.

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3
Q

What is the role of the House of Lords in the law-making process?

A

Conduct checks on new laws proposed by the House of Commons

Members of the House of Lords, also known as ‘peers’, include people from various backgrounds.

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4
Q

How many elected representatives are there in the House of Commons?

A

650

These representatives are elected through general elections.

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5
Q

Who leads the party that has the majority in the House of Commons?

A

The Prime Minister

The Prime Minister is typically the leader of the majority party.

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6
Q

What is a proposed law in the UK Parliament called?

A

A Bill

A Bill must be agreed upon by the House of Commons and receive Royal Assent.

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7
Q

Fill in the blank: The House of Lords is made up of members known as _______.

A

Peers

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8
Q

True or False: The Monarch can reject a proposed law in the UK.

A

True

The Monarch’s agreement is required for a Bill to become law.

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9
Q

What is the primary function of the House of Commons in the law-making process?

A

To elect representatives and propose laws

The House of Commons is composed of elected representatives of the people.

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10
Q

What is the initial document published by the government that includes questions for interested individuals to respond to?

A

Green paper

The Green paper serves as a discussion document before the drafting of a Bill.

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11
Q

What document follows the Green paper and details the plans for the proposed law?

A

White paper

The White paper may include a draft copy of the Bill.

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12
Q

What is the first stage in the process of a Bill becoming a law?

A

First Reading

A formal announcement of the Bill is made to the House of Commons.

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13
Q

What happens during the Second Reading of a Bill?

A

The Bill is read again and debated by the House of Commons

A further vote is taken to allow progression.

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14
Q

What occurs during the Committee stage of the Bill’s process?

A

A small number of MPs examine and scrutinise the Bill

This involves members from different political parties.

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15
Q

What is the purpose of the Report stage?

A

The committee provides a report to all MPs based on their examination of the Bill

This allows further debate and voting on proposed amendments.

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16
Q

What happens during the Third Reading of a Bill?

A

There are opportunities to debate the Bill, and a vote is taken to accept or reject it

No further amendments are allowed at this stage.

17
Q

After passing the House of Commons, where does the Bill go next?

A

The House of Lords

The Bill undergoes similar stages of debate and scrutiny.

18
Q

What happens if the House of Lords makes amendments to the Bill?

A

The Bill is returned to the House of Commons for a vote on the changes

The final say is with the House of Commons.

19
Q

What is the final step for a Bill to become law after all approvals are granted?

A

Royal Assent

The Bill is sent to the Monarch for signing, which is a required formality.

20
Q

What does a Bill become once it receives Royal Assent?

A

Act of Parliament

The law can take effect immediately unless a future start date is indicated.

21
Q

What is the process by which an Act of Parliament is passed?

A

Going through a government process

This process can be rushed due to external pressures such as media influence.

22
Q

What was a consequence of the moral panic caused by the media regarding the Bill?

A

The Bill was rushed through the stages and given Royal Assent

The lack of thorough scrutiny led to issues such as breed blaming.

23
Q

What are the two processes through which judges can make laws?

A
  • Judicial precedent
  • Statutory interpretation
24
Q

What is judicial precedent?

A

Past decisions of judges create laws for future judges to follow

This ensures consistency in handling cases.

25
Q

How does judicial precedent contribute to common law?

A

It results in a large volume of laws that the whole country follows.

26
Q

What happens when a decision is made by a court at the top of the hierarchy?

A

It creates a precedent for lower courts to follow.

27
Q

What is statutory interpretation?

A

Judges rely on interpreting written laws when applying them to cases.

28
Q

What are the three rules judges follow for statutory interpretation?

A
  • Literal rule
  • Golden rule
  • Mischief rule
29
Q

What does the literal rule entail?

A

Interpretations use ordinary meanings of words.

30
Q

What is the golden rule in statutory interpretation?

A

The meaning of words can be modified to avoid absurd results.

31
Q

What does the mischief rule focus on?

A

The intention of the law rather than the wording.

32
Q

Provide an example of the mischief rule in action.

A

The Licensing Act (1872) made it illegal to drive a carriage under the influence of alcohol, which judges inferred applies to all transport.