1.1

Question 1

describe the role of the house of lords in relation to law making

Answer 1

‘peers’ - recommended by MPs

‘double check’ new laws

Question 2

describe the role of the house of commons in relation to law making

Answer 2

elected representatives of the people

process, debate and amend bills (approve/reject them)

Question 3

what’s the role of the monarchy in relation to law making?

Answer 3

king/ queen gives the royal assent in order for a bill to become law

Question 4

what is the role of the gov in relation to law making?

Answer 4

ensure laws passed by parliament are abided by society.

Question 5

what is green and white paper?

Answer 5

Green - draft of proposal of new bill (consultative stage)

white - where formal proposals are set out.

Question 6

state the parliamentary stages of a bill

Answer 6

1. First reading

2. second reading

3. committee stage

4. report stage

5. third reading

5. the lords
6. royal assent

Question 7

what is the first reading?

Answer 7

bill introduced to house (formal announcement)

Question 8

what is the second reading?

Answer 8

main principles of Bill are debated by house of commons, vote

Question 9

what is the committee stage?

Answer 9

examined in detail, amendments proposed

Question 10

what is the report stage?

Answer 10

consider committees report - debate/ vote on any amendments

Question 11

what is the third reading?

Answer 11

final chance to debate Bill. House votes on whether to accept or reject it

Question 12

how are the lords involved in the parliamentary stages of a bill?

Answer 12

after third reading, bill goes to house of lords and does same stages. if amend, goes back to commons who accept or reject Lords amendments

‘ping-pong’

Question 13

what is needed before the proposal becomes an act of parliament?

Answer 13

royal assent

Question 14

describe the government parliamental process for law making

Answer 14

• pre parliamentary stages
  green paper - consultative stage
  white paper - formal proposals set out
• a bill enters parliament - either house of commons or lords
• several stages for a Bill to pass through each house: first reading, second reading, committee stage, report stage, third reading.
• changes may be suggested several times, proposals are discussed in the other house ‘ping-pong’
• when both houses have agreed and voted on the bill, royal assent is needed before proposals become an act of parliament.

Question 15

name the two judicial processes of law making

Answer 15

judicial precedent

statutory interpretation

Question 16

what is judicial precedent?

Answer 16

past decisions of judges create laws for future judges to follow

Question 17

explain the court hierarchy

Answer 17

a decision taken in a case by a higher court automatically creates a binding precedent for all lower courts that they have to follow

Question 18

name and describe the two expeditions to the precedent

Answer 18

Distinguishing - judge finds facts in present case different enough from earlier one for them to reach a diff decision

Overruling - higher court states a legal decision by a lower court is wrong and overturns it.

Question 19

what is statutory interpretation?

Answer 19

judges can make law by the way they interpret the written laws creates in parliament.

Question 20

name the three main interpretation rules

Answer 20

• the literal rule
• the golden rule
• the mischief rule

Question 21

what is the literal rule?

Answer 21

judges use the everyday ordinary meaning of words in a statute

Question 22

what is the golden rule?

Answer 22

used to prevent inconsistency or absurdity when interpreting an act literally. substitutes a reasonable meaning.

Question 23

what is the mischief rule?

Answer 23

allows court to enforce what the statute was intended to achieve rather than what the words actually say

Question 24

give an example of judicial precedent

Answer 24

Donoghue v Stevenson - Mrs Donoghue drank a ginger beer with a decomposed snail in - made very ill.
Court ruled manufacturer owed a ‘duty of care’ to her.

This legal principle was applied in the case of Daniels V White - drank lemonade with corrosive metal in.
(law of duty of care carried onto this case)

Question 25

briefly describe how the judiciary can contribute to law making

Answer 25

• though both judicial precedent and statutory interpretation
• judicial precedent involves the pas decisions of judges creating laws for future judges to follow within the court hierarchy
• some exceptions to this such as distinguishing may produce new legal decisions.
• e.g. Donoghue V Stevenson + Daniel’s V White
• statutory interpretation involves judges making laws by the way they interpret the written laws created in parliament.
• Rules such as the literal rule are there for guidance.
• An example is the case of Whiteley v Chappell, 1868 when the meaning of the phrase “entitled to vote” had to be considered.