AC 1.1

Question 1

Name two processes used Law Making

Answer 1

Government Process

Judicial Process

Question 2

Describe Government Processes and the stages involved

Answer 2

Government process is when there is a public consultation for a new law being considered which takes form in a green paper followed by a formal proposal which is in the form of a white paper. This draft act is called a Bill which is then presented to the Parliament and follows a numbers of stages

• First Reading: where the name of the bill and the bills main aims are read out followed by a formal vote
• second reading: the main debate takes place followed by another debate
• Committee stage: A chosen group of representatives look closely at the bill to address any issues and suggest any appropirate amendments
• Report Stage: The committee report back to the full house who then vote on the proposed amendments

Third Reading; The final vote on the bill

Royal Assent: The Monarch signs the bill. Monarch can not refuse as it is only now a symbolic stage as the head of the state

The bill is then an act of parliament and the commencement date is given

Question 3

Describe Judicial process

Answer 3

Judicial law making is when a law is created by a judge in court. When a case appears before them they must make a judgement and this forms the law.

The law must be applied consistently by the judges and use the same principles in similar cases, the law must be common in all cases hence why it became the common law.

Question 4

What is an alternative way a judge can make a law called?

Answer 4

Statutory Interpretation

Question 5

What is statutory interpretation

Answer 5

Statutory interpretation is an alternative way a judge can make a law.

This is where judges in the superior courts such as court of appeal and supreme court are called upon to interpret words and phases.

They have various rules and aids to help them do this and have the ability to interpret in the way they seem fit