1.1- the processes of law making Flashcards
what does the term ‘Parliamentary democracy’ mean?
most of the country’s laws are made by passing Acts of Parliament
what are statutes and legislation?
laws made by parliament
What are Acts of Parliament?
the passing of a bill into a law (made by the Parliament)
what are the 4 parts of parliament?
-the Monarch
-House of Lords
-House of Commons
-the Government
what is the role of the Monarch in law making?
- once the bill has passed through all stages of decision making, the King/Queen must give their royal assent (agreement)
-the bill cannot become a law without their agreement
Explain the House of Commons
-made up of elected representatives
-650 MPs
-elected at a general election to represent a constituency (a geographical area of the country)
Explain the House of Lords
-there are 800 members (known as peers)
-historically, it was a hereditary position (passed down from father=>son)
-they were also noblemen (dukes/barons)
-only 92 hereditary peers
-the rest are life peers (cannot pass down position)
-26 Church of England Bishops and Archbishops
-their main job is to act as a ‘double check’ on new laws.
Explain the role of the Government
-formed by a political party (majority of the 650 MPs, the Prime Minister is the leader of the majority party)
- government runs the country
-most bills come from the government
what is a bill?
a proposed law
How many stages are there in law making and what are they?
-9 stages
=>green paper
=>white paper
=>first reading
=>second reading
=>committee stage
=>report stage
=>third reading
=>the Lords
=>Royal Assent
what is the Green Paper Stage?
-stage 1
-before putting a bill before Parliament the government publishes a green paper firs
-this is an initial report to provoke public discussion
-often involves questions for interested individuals
what is the white paper stage?
-stage 2
-after consultation the government publishes a white paper
-this is a document settling out a detailed plan for the legislation (its a draft version of the bill they will put forward)
what is the first reading stage?
-stage 3
-where the government formally introduces the bill to the Commons
-followed by a vote
what is the second reading stage?
-stage 4
-where the main principles of the bill is debated
-followed by a vote
why does the government often win the voting during the second reading?
because a majority of MPs belong to the same party as the government so they carry similar values
what is the Committee stage?
-stage 5
-a small committee of MPs from different parties examine the bill in detail
-they will then report back to the whole House and propose any amendments
what is the report stage?
-stage 6
-MPs are given the opportunity to consider the committees report and debate/vote on any amendments
what is the third reading stage?
-stage 7
-followed immediately after the report stage
-final chance to debate the bill
-no amendments are allowed to be made
-either accept/reject the bill
what is the Lords stage?
-stage 8
-if the bill is accepted in the third reading it is passed onto the House of Lords
-the bill goes through the same process in the HoL as the HoC
-amendments can be made in this stage (sen back to HoC where they debate and then vote)
what is the Royal Assent Stage?
-stage 9 (final stage)
-when the bill has been passed through both Houses it’s sent to the Monarch for ‘signing’
-this means that the bill becomes a law (once the royal assent is given)
-comes into force immediately unless stated otherwise
What is the Criminal Justice Act (2003)
-introduces a change in the double jeopardy rule following Anne Ming’s campaign
-the change allowed the killer of Julie Hogg to be retried and convicted
what is the Crime (sentences) Act (1997)
-a mandatory minimum sentence for a range of repeat offences
(automatic life sentence for serious sexual/violent offences)
what is the Dangerous Dog Act (1991)
what are the Judicial Processes of Law Making?
judicial precedent and statutory interpretation
what is the judicial precedent process?
-when the past decisions of courts create new laws for the future judges to follow
-this means laws are applied fairly and consistently
Donoghue V Stevenson (1932)
-2 friends visited a cafe
-1 drank a ginger beer containing the decomposing remains of a snail
-manufacturer was sued and the court decided that duty of care was owed (neighbour principle)
-this case founded the modern day law of negligence
Daniel V White (1938)
-victim bought a bottle of lemonade and felt a burning sensation in his throat
-the drink had corrosive metals in it
- Donoghue V White case was referred to when deciding compensation (similar cases)
what are the two exceptions to precedent?
distinguishing:
-judges find that the present case is different enough from previous cases to reach a different verdict
Over-ruling:
-court higher up the hierarchy states that the legal decisions of an earlier case is wrong and over turns it
R V R (1992)
-an example of over ruling
-a husband was convicted of attempting to rape his wife
-appealed on the grounds of a centuries old precedent that a husband could not be guilty of raping his wife due to the marriage contract (wife gives ‘irrevocable consent’ to sex)
-courts decided this was unacceptable in modern day society and that partners are seen as equals
what is statutory interpretation? and what are they?
judges make laws by the way they interpret a statute:
-The Literal Rule
-The Golden Rule
-The Mischief Rule
What is the Literal Rule?
-Judges take the ordinary everyday meaning of the statute
-a downside is that there may be different meaning to a word
Give an example of the Literal Rule being used
R V Maginnis case (1987):
-a case where illegal drugs were involved
-different judges found different meanings to the word ‘supply’
what is the Golden Rule?
when the Literal Rule leads to an absurd result, judges will often use this rule
it allows them to modify the meaning to avoid absurd results
give an example of the golden rule being used
Adler V George (1964)
-Under the Official Secrets Act (1920) it is an offence to obstruct Her Majesty’s forces in the vicinity to a prohibited pace (naval base)
-Adler argued he didn’t break the law as he wasn’t in the vicinity of a prohibited place (he was)
-courts used this rule to convict Adler and avoid any absurd results
what is the Mischief Rule?
judges apply the statute by its intention not meaning
give an example of the Mischief Rule being used
Corkery V Carpenter (1951)
-under the Licencing Act (1872) it is an offence to be in charge of a carriage on the highway while intoxicated
-Corkery was found guilty even though he was in charge of a bicycle rather than an actual carriage
