1.1- Processes Used For Law Making Flashcards
What is the governmental process of law making
Laws made by parliament (legislation)
What is the monarch
King or queen (uk), provide royal assent- agreement to new law
Who are the House of Lords
Members who conduct their own checks on new laws that are proposed form HOC, members can include- religious groups, life peers, those who’ve inherited their position
Who are the House of Commons
There’s 650 elected representatives of the people, receive position through general elections, prime minister leads party that has the majority of the representatives
Must agree on new proposed law (bill)
Name the stages of the bill becoming a law
- green paper
- white paper
- 1st reading
- 2nd reading
- committee stage
- report stage
- 3rd reading
- HOL
- royal assent
Explain the green paper step
Green paper published by gov- includes questions for individuals to respond to and discuss
Explain the white paper step
After green paper, Details plans for proposed law, sometimes includes draft copy of bill
Explain the 1st reading
A formal announcement of the bill made by government to HOC, vote taken to allow it to progress
Explain the 2nd reading
Bill read out again, debated by HOC, further vote taken
Explain the committee stage
Small number of MPs from different political parties examine/scrutinise the bill
Explain the Report stage
Committee provide report to all MPs based on examination of the bill, further debates and vote on proposed amendments
Explain the 3rd reading
No further amendments aloud at this point, debates can still be made, vote to accept/reject the bill
Explain the stage of the House of Lords
Bill passed to HOL- go through similar stages as other house, if amendments made- returned to HOC where vote taken to reject/accept changes (ping pong)
Final say is with House of Commons
Explain the royal assent stage
Once accepted, the bills sent to monarch for signing, required formality, bill then becomes act of parliament (can take affect immediately unless theirs a future commencement date indicated in the bill)
Whats a real life example of when a bill became a law/act of parliament
Dangerous dogs act became act of parliament by going through the governmental process, was the result of a moral panic caused from the media (was rushed due to the pressure- considered problematic because of a lack of thorough scrutiny which failed to consider the treatment of dogs by the owner rather than just blaming the dog)
What are the 2 different processes of the judicial process of law making
- judicial precedent
- statutory interpretation
What is judicial precedent
Where the past decisons of judges creat laws for future judges to follow, future judges are expected to uphold these laws (consistency)
What does a decision made at the top of the courts hierarchy(supreme) create
Precedent for courts lower in the hierarchy to follow (magistrates)
What are the exceptions to judicial precedent
- distinguishing- if judge can make distinction between 2 cases then the precedent doesn’t have to be followed
- overruling- where higher courts don’t agree with decisions made in previous cases
What are the 3 types of judicial precedents
- original
- binding
- persuasive
What is statutory interpretation
Where judges rely on interpreting written laws when applying cases
What are the 3 rules judges follow to make interpretations
- literal rule
- golden rule
- mischief rule
Explain the literal rule
Interpretations Use ordinary/dictionary meaning of words
explain the golden rule
Where the meaning of the words can be modified, especially in cases where an absurd result is likely to occur if the law is interpreted literally
Explain the mischief rule
Intention of law is used by the judge rather than the wording (licensing act- illegal to drive carriage whilst under influence of alcohol- judges inferred it would also be illegal to drive any transport under influence of alcohol)
