AC 1.1 Flashcards
Name all the stages of the Parliamentary (government) process.
Green Paper, White Paper, First Reading , Second Reading, Committee Stage , Report Stage , Third Reading , House of Commons/Lords , Royal Assent.
What is the first stage of the Parliamentary process?
Green Paper - informal proposal, sets out ideas for a new law.
What is the second stage of the Parliamentary process?
White Paper - formal proposal presented to parliament, known as the bill
What is the third stage of Parliamentary Process?
First Reading - name and aims of the bill are read out in Parliament, a vote is taken.
What is the fourth stage of the Parliamentary process?
Second Reading - debate on the bill, another vote is taken.
What is the fifth stage of the Parliamentary process?
Committee Stage - a selected of MPs scrutinise the bill, make proposed amendments.
What is the sixth stage of the Parliamentary process?
Report Stage - committee report back, vote is taken on proposed amendments.
What is the seventh stage of the Parliamentary process?
Third Reading - a final vote is taken.
What is the eighth stage of the Parliamentary process?
House of Commons/Lords - stages 3-7 are repeated in the other house.
What is the ninth and final stage of the Parliamentary process?
Royal Assent - monarch signs the bill and it becomes an Act of Parliament (law) , symbolic, monarch can’t refuse to sign.
What are the two judicial law - making processes?
Judicial Precedent and Statutory Interpretation.
What is Judicial Precedent?
law made by judges in court, when a judge makes a decision in a case it becomes a law. it then has to be followed in similar cases.
What rule must be followed in Judicial Precedent?
the lower courts are bound by the higher courts, to make sure the law is applied consistently.
What are the 2 case studies in Judicial Precedent?
Donoghue v Stevenson, Daniels v White
What happened in Donoghue v Stevenson and what was the precedent?
a woman drank a bottle of ginger beer, it had a decomposing snail in it , she sued the manufacturer & won , the court decided manufacturer owed her a duty of care , the law of negligence was created (precedent).
What happened in the case of Daniels v White?
bottle of lemonade was found out have corrosive metal in it, D v S was used when suing for compensation, facts were slightly different but was sufficiently similar for precedent to be used.
What is Statutory Interpretation?
Judges interpret words and phrases within a statute.
What are the 2 rules of Statutory Interpretation?
the Literal Rule , the Golden Rule
What is the Literal Rule & case?
judges take the ordinary, dictionary definition of a word - Whiteley v Chappel, charged with impersonating any person entitled to vote, D pretended to br a dead person, dictionary definition said a dead person isn’t entitled to vote, D was not guilty.
What is the Golden Rule & example?
when there is 2 meanings of a word, judges take the one that won’t create and absurd result - Adler v George, it’s an offence to obstruct a member of the armed forces in the vicinity of a prohibited place, D was in the prohibited place not the vicinity, used golden rule because it would be absurd to not convict, ‘changed’ the meaning of vicinity and applied it.
