1.1 Processes Used for Law Making Flashcards
What is
Parliament
All 650 Members of Parliament from all parties.
What is
Government
The elected party in power
What are the key features of
The House of Commons
(HoC)
- Green seats
- 650 members
- Represent the constituency 1 (elected at general elections)
- The PM elects their Cabinet 2
- The opposition are all parties that did not get elected
1 - a group of voters in a specified area who elect a representative to parliament
2 - a committee of senior ministers responsible for controlling government policy.
What is the role of
The House of Commons
(HoC)
- Directly elected
- Determine policy regarding running the country
- Debate matters of current concern (cozzy lives)
- Debate+scrutinise laws proposed by government
- MP’s are there to challenge the government to hold it accountable
- Represent the view of the electorate
What are the key features of
The House of Lords
(HoL)
- Red seats
- Not elected
- Not paid
- Non mandatory attendance
- Consists of hereditery peers 1 + life peers 2
- Also consists of 26 Bishops of the Church of England
1 - Born aristocracy
2 - Appointed due to societal contribution
What is the role of
The House of Lords
(HoL)
- To compliment the HoC in decision making
- A major part of passing legislation and are able to scrutinise and amend legislation
- Question the Government
- Debate policy and matters of general concern
- Introduce some bills
- Delay legislation to allow further time for research and consult
What is the role of
The Crown
- To open each parliamentary session with the traditional ceremony
- To give royal assent to all legislation 1
- To appoint and dismiss/ accept the resignation of the PM
1 - the bill does not become an act until royal assent is given
Types of Bills
Public Bills
- Two types of Public bills
government bills private member bills
- Bills that will affect all of the general public in the UK
- The Scottish, Welsh and Northern Irish governments are able to legislate matters regarding their own countries (uni tuition/covid laws)
What are
Public bills
(Government Bills)
- To honour manifesto promises
- Respond to specific concerns / matters
- Comply with national treaties
- Follow recommendations regarding law reforms (Brexit/ covid/ Russia sanctions)
What are
Public Bills
(Private Member Bills)
- Brought in by individual members of parliament
- Not given much attention/ time
- Often to raise awareness tolead to legislation
- Can be intriduced by members of either house
- (Sunbeds Regulation act)
Types of Bills
Private Bills
- Affect the Individual, Organisation or Specific area
- Passed due to petition from the Individual, Oragnisation, or Area affected
- Very rare (2 since 2019)
- (Highgate cemetary Act 2022)
Types of Bills
Hybrid Bills
(Cross between Private and Public Bills)
- Introduced by government minister
- Rare
- Normally used to secure permission and apower to operate major infrastructure projects
What is a
Bill
The name for a proposal as it moves through parliament
What is
An Act
The bill becomes an Act after it has moved trough parliament and been given royal assent
What is
Civil Law
Concerns the rights and duties of citizens;
* Lending and borrowing money
* Entering Contracts
* Disputes with neighbours
* Getting Married
* Wills and Inheritance
What is
Criminal Law
Concerns offences against society;
Crimes aginst the person
- Murder
- Assault
- Rape
Property Crime
- Theft
- Burglary
- Fraud
What are the key features of a
Judge
- An independant body from the police and government (cannot be told what to do)
- It is up to a judge to ensure punishment for breaking laws
- If someone is unhappy with or disagrrees with the verdict of a judge, they must appeal to a higher court.
How are Judges appointed
(in the UK)
- Judges are chosen by the Judical Appointments Commission (JAC)
- Judges are chosen from experienced barristers and soliciters
- Levels of experience differ form judge to judge
What is
Role of a Judge in a crown court
- To use their knowlege and experience of the law to ensure a trial is conducted in a fair and legal way
- The judge manages the trial and makes decisions regarding the law
- The jury determines if the defendent is guilty
- The judge issues the sentence
- The judge makes sure the jury is aware of its role in the process, and to give legal advice and ensure the case stays fair within the law
what is a…
Judicial Precident
- The law made by Judges whilst in the courts
- Judges give judgement during one case and that judgement form the law that will b upheld during similar cases in the future
- Precidents can oly be overruled in higher courts
Daniels v White - metal lemonade
Donoghue v Stevenson - snail gingerbeer
Daniels v White - metal lemonade
What is
Common Law
- Law that has grown from decisions made during court cases by judges
- Decisions from high courts are recorded, then used by lower court judges in order to determine sentences
- Use of common law ensures that cases are not treated randomly, and similar crimes recieve similar punishments
What is
Statutory Interpretation
(three rules)
- Judges are sometimes called to interpret information within a statute of law, with three rules being used to help.
- The Literal Rule
- The Golden Rule
- The Mischeif rule
What is
The Golden Rule
(statutory interpretation)
- Allows the court to modify the literal meaning of a statute to avoid confusion
- E.G - Adler v George (1964), the Official Secrets Act (1920) makes it an offence to obstruct HM forces near a prohibited place (ie. a navel base), however Adler was atill charged despite argument that he was not in the vicinity, as he was inside a prohibited place.
What is
The Literal Rule
(statutory interpretation)
- Ensures the court to use the simplest/ ordinary meanings of the words in statute
- May cause confusion as there are often several different meanings to a word
- E.G - R v Maginnis (1987), regarding illegal drugs - different judges found different meanings of the word supply
What is
The Mischief Rule
(statutory interpretation)
- Allows the court to enforce the intended meaning of the statute rather than what it actually states
- E.G - Corkery v Carpenter (1951), Licensing Act (1872) makes it an offence to be drunk in charge of a ‘carriage’, the mischief rule allowed conviction despite Corkery being in charge of a bicycle, arguing the Act banned the use of all vehicles whilst intoxicated.
Stages of Lawmaking
Green Paper
Stage 1
* Consult prior to drafting the bill. Outlining policy and alternatives.
Stages of Lawmaking
White Paper
Stage 2
* Revisit recommendation after the consultation stage
* (Bills can bypass the the green paper stage)
Stages of Lawmaking
Bill is Brought before Parliament
Stage 3
* The bill can enter parliament through either the HoL or HoC but it must pass through both houses before moving forward
Stages of Lawmaking
First Reading
Stage 4
* Gov first introduces the bill into the house, and recieves its first reading
* The first reading is a formal announcement of the bill and its contents, followed by a vote to see if it will move further
Stages of Lawmaking
Second Reading
Stage 5
* The bills main principles are debated by the whole house, then voted on
* If the vote is in favour of the bill it will mobve on to the comittee stage
Stages of Lawmaking
The Committee Stage
Stage 6
* The bill is scrutinised by a small group of MPs from different parties
* The comittee reports back and will propose amendments to the bill
Stages of Lawmaking
Report Stage
Stage 7
* The MPs are given oppurtunity to consider the committee report, debate and vote on ammendments - possibly lasting for several days
Stages of Lawmaking
Third reading
Stage 8
* Immediately following the report stage the third and final reading of the bill occurs.
* This is the final chance for debate regarding the bill
* No ammendments are to be made, only a vote to pass or reject the bill
Stages of Lawmaking
Other House Stage
Stage 9
* A bill usually passes through the HoC then HoL
* The bill will then pass through the other house, following the same processes.
* If the HoL amends the bill, it must be returned to the HoC for the MPs to vote on the Lords Amendments
* The HoC has fial say due to it being a democratic electorate
Stages of Lawmaking
Royal Assent
Stage 10
* The bill once pased through all stages and amendments, it goes to the monarch for signing
* Once the bill has been signed it makes it an act or a law
* The act will come into force immediately unless it is only applicable at a specific date
