1.1 - describe processes used for law making Flashcards
Roles involved in parliament
The monarch - only formal role in law making, simply agree to new law
The HOL - members called peers, used to be a hereditary role (92 today), double check new laws
The HOC - made up of 650 elected representatives, MP elected to represent local constituency
Government - parliament represent the people gov run the country, gov formed by political party with majority in HOC, PM leads
Bills - proposal for new law
Parliamentary stages of a bill
Green paper - Whitehall stage, initial report to provoke discussion, questions for interested parties
White paper - Westminster stage, document setting out plan for legislation, example proposals for covid
First reading - gov introduces bill, formal announcement (title and intro), vote to move
Second reading - consider and debate main principles, gov have majority MPs so usually win, vote
Committee stage - considered line by line by small committee, group of MPs from diff parties, propose amendments
Report stage - MPs consider committee’s report, debate and vote on amendments, debate can take several days
Third reading - final chance to debate bill content, no amendments allowed, vote
The Lords - make amendments, ping pong, HOC has final say as elected
Royal assent - sent to Monarch, formality, agrees t make law/act
Case study for parliamentary law making
Data protection act 2018, needed to align with EU regulations for handling personal data
First reading - talk about aim to improve data protection laws
Second reading - debate on how personal data should be handled, discuss social media/ scams/ e-crime, vote on guidelines
Committee stage - amendments on processing data and protection of sensitive data (such as race and politics)
Report stage - debate on which amendments are necessary and what guidelines should be implemented
Third reading - vote on guidelines
Royal assent - Queen made it an act of parliament
Judicial precedent
Where past decisions of judges create law for future judges to follow
Based on standing by previous decisions
Decision in a higher court automatically creates original precedent which is binding precedent for lower courts
Only binding if same legal principle and facts
Avoid - distinguishing (case facts are too different so can reach a different decision), overruling (higher court can make new precedent if believe lower court made wrong decision, practice statement)
Case studies for judicial precedent
Donoghue v Stevenson - v drank drink with dead snail in due to manufacturer (d) negligence, did d owe a duty of care, created original precedent that manufacturers owe a duty of care to consumers
R v R - husband (d) attempted to rape his wife but claimed it wasn’t rape as marrying him is consent, used previous Scottish case to create precedent that a husband can be guilty of raping his wife
Statutory interpretation
Where judges interpret the words in a statute (act of parliament)
Literal rule - judges should use the everyday/ ordinary meanings of the words in a statute, example operating a vehicle while using a mobile phone = when driving cannot be holding his phone
Golden rule - allows the courts to assume parliament intended its legislation to have a wider definition than the literal meaning, pick between definitions or create own, example operating a vehicle while using a mobile phone = even when vehicle is stationary cannot be looking at or holding a phone
Mischief rule - allows the court to enforce what the statute was intended to achieve instead of the words in the statute, example operating a vehicle while using a mobile phone = any use of a phone that interferes with the driver’s ability to drive safely
