1.1- process of law making Flashcards
what is the formal legislative process
major legislations are made through acts of parliament, this is known as statues, government ministries are responsible to draft ideas for change and introduce them
what is the green paper in the govenmental process
also known as the consultation paper is where ideas are published and proposed for a law reform, this is a first draft meaning anyone can comment on it
what is the white paper in the govenmental process
also known as the bill is where feedback is responded to and encorporated, this is a firm proposal and a final draft before being submitted to parliament
what is the role of the house of commons in the governmental process
a chamber of 650 constituencies represented by an elected MP, this is where bills are typically introduced first at
what is the role of the house of lords in the governmental process
an unelected chamber of hereditary peers, lords spirtual and lords temporal, they act as a scrutinising body although under parlianments act 1911/49 they dont have the power to reject a bill only delay it for a year
what is the role of the monarch in the governmental process
the sovereign head of state, is a inherited and lifelong position, the current ruling monarch is King Charles III, they provide the royal assent to make the bill become an act of parliament although this is only a formality as it is largely symbolic
what is the role of the consultation stage in the governmental process
stage 1 is where the government draft the bill where pressure groups and members of the public can comment, this leads to the green and white paper being published
what is the role of the first reading in the governmental process
stage 2 is where the government announce the bill in one of the 2 houses, typically the house of commons, to let people aware of it
what is the role of the second reading in the governmental process
stage 3 is where the bill has its first main debate and vote, this must be successful for it to be passed to the next stage
what is the role of the committee stage in the governmental process
stage 4 is where a small group of experts complete a detailed review where the bill is examined for issues and amendments are made
what is the role of the report stage in the governmental process
stage 5 is where amendments are reported back to the relevant house by the committee chairman, members will then debate and vote on these proposed changes
what is the role of the third reading in the governmental process
stage 6 is the final debate and vote, meaning it is the last time to raise any issues and no major amendments are made, this then goes to the other house to repeat stages 2-6, any changes by the other house must be approved by the other known as “ping pong”
what is the role of the royal assent in the governmental process
stage 7 is where the ruling monarch sings off on the bill for it to become an act of parliament, this gives it statutory power
what are the 2 types of judicial processes
“common laws”
-statutory interpretation is where judges must apply the law on how they interpret it
-judicial precedent is where judges base their decision on previous judicial decisions
what is statutory interpretation as a judicial process
when the judge from a higher court will have to interptet the wording of the law and how to apply it, due to a vagueness in the complex language, this must be a careful review
what is the literal rule in statutory interpretation
apply the words in their natural and grammatical meaning, even it is seems unreasonable or could lead to unintended consequences
what is the golden rule in statutory interpretation
apply by departing the ordinary meaning of the words if it would lead to an unjust outcome, future judges are required to follow this
how does the case study of whitely v chappel (1868) show statutory interpretation
-shows literal rule
-an individual impersonated a dead person who was registered to vote, however by following the wording of the rule that he was allowed to vote as dead people arent “entilted to vote”, therefore not guilty
what is judicial precedent as a judicial process
basing their decision on previous decisions which achieves consistency and fairness, based on the hierarchy of courts higher courts set this standard for lower courts to follow
what is the original precedent in judicial precedents
where no precedent has been set previously, therefore the decision by this judge sets the original precedent
what is the binding precedent in judicial precedents
if a precedent has been made in a higher court, its binding and should therefore be followed by lower courts
how does the case study of donoghue v stevenson (1932) show judicial precedent
-a dead snail was found in a ginger beer bottle making her become ill
-led to the introduction of the neighbour principle where a manufactor own duty of care to anyone affected by their actions
-this set an original precedent
how does the case study of daniels v white (1938) show judicial precedent
-corrosive metal was found in the lemonade brand white
-the binding precedent of the neighbour principle was directly applied, as the brand owns the customer a duty of care to ensure safety
