1.1- the processes of law making

Question 1

what does the term ‘Parliamentary democracy’ mean?

Answer 1

most of the country’s laws are made by passing Acts of Parliament

Question 2

what are statutes and legislation?

Answer 2

laws made by parliament

Question 3

What are Acts of Parliament?

Answer 3

the passing of a bill into a law (made by the Parliament)

Question 4

what are the 4 parts of parliament?

Answer 4

-the Monarch
-House of Lords
-House of Commons
-the Government

Question 5

what is the role of the Monarch in law making?

Answer 5

• 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

Question 6

Explain the House of Commons

Answer 6

-made up of elected representatives
-650 MPs
-elected at a general election to represent a constituency (a geographical area of the country)

Question 7

Explain the House of Lords

Answer 7

-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.

Question 8

Explain the role of the Government

Answer 8

-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

Question 9

what is a bill?

Answer 9

a proposed law

Question 10

How many stages are there in law making and what are they?

Answer 10

-9 stages
=>green paper
=>white paper
=>first reading
=>second reading
=>committee stage
=>report stage
=>third reading
=>the Lords
=>Royal Assent

Question 11

what is the Green Paper Stage?

Answer 11

-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

Question 12

what is the white paper stage?

Answer 12

-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)

Question 13

what is the first reading stage?

Answer 13

-stage 3
-where the government formally introduces the bill to the Commons
-followed by a vote

Question 14

what is the second reading stage?

Answer 14

-stage 4
-where the main principles of the bill is debated
-followed by a vote

Question 15

why does the government often win the voting during the second reading?

Answer 15

because a majority of MPs belong to the same party as the government so they carry similar values

Question 16

what is the Committee stage?

Answer 16

-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

Question 17

what is the report stage?

Answer 17

-stage 6
-MPs are given the opportunity to consider the committees report and debate/vote on any amendments

Question 18

what is the third reading stage?

Answer 18

-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

Question 19

what is the Lords stage?

Answer 19

-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)

Question 20

what is the Royal Assent Stage?

Answer 20

-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

Question 21

What is the Criminal Justice Act (2003)

Answer 21

-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

Question 22

what is the Crime (sentences) Act (1997)

Answer 22

-a mandatory minimum sentence for a range of repeat offences
(automatic life sentence for serious sexual/violent offences)

Question 23

what is the Dangerous Dog Act (1991)

Question 24

what are the Judicial Processes of Law Making?

Answer 24

judicial precedent and statutory interpretation

Question 25

what is the judicial precedent process?

Answer 25

-when the past decisions of courts create new laws for the future judges to follow
-this means laws are applied fairly and consistently

Question 26

Donoghue V Stevenson (1932)

Answer 26

-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

Question 27

Daniel V White (1938)

Answer 27

-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)

Question 28

what are the two exceptions to precedent?

Answer 28

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

Question 29

R V R (1992)

Answer 29

-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

Question 30

what is statutory interpretation? and what are they?

Answer 30

judges make laws by the way they interpret a statute:
-The Literal Rule
-The Golden Rule
-The Mischief Rule

Question 31

What is the Literal Rule?

Answer 31

-Judges take the ordinary everyday meaning of the statute
-a downside is that there may be different meaning to a word

Question 32

Give an example of the Literal Rule being used

Answer 32

R V Maginnis case (1987):
-a case where illegal drugs were involved
-different judges found different meanings to the word ‘supply’

Question 33

what is the Golden Rule?

Answer 33

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

Question 34

give an example of the golden rule being used

Answer 34

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

Question 35

what is the Mischief Rule?

Answer 35

judges apply the statute by its intention not meaning

Question 36

give an example of the Mischief Rule being used

Answer 36

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