Ac 1.1 Flashcards
Outline the stages to making a bill
First reading, second reading, committee stage, report stage, third reading, house of Lords, royal assent
Explain the first reading
Everyone in Parliament (house of Lords or commons) told title of Bill
Describe the second reading
Debating stage- MPs or lords discuss bill, questions can be asked then they vote on bull- can be voted out
Describe the committee stage
Small group of mps or lords look at Bill on detail- make amendments based on discussions
Describe the report stage
Amendments made in committee stage reported to house of Lords or commons where they are voted on
Describe the third reading
Consider the bill in house it was proposed in, final vote to go further or not
Describe the other house stage
House where it wasn’t proposed in goes through similar stages as original house, can suggest amendments and send bill back until they agree on Bill- house of Commons can vote to pass bill without house of commons if they cannot agree (ping ponging)
Describe royal assent
Monarch signs-off Bill as new law (act of Parliament)
What’s judicial precedent
Law made by judges based on decisions in court (stand by things said and do not unsettle the established)
Describe the court hierarchy
1) supreme court, 2) court of appeal, 3) high court (civil law) crown court (criminal law), 4) county court+family court (civil law) magistrates court (criminal law)
What’s overruling
Higher court changing past decision of a lower court
Whats statutory interpretation
How a judge interprets an act of Parliament
Describe the literal rule with a case
Words of statute given ordinary and natural meaning (berriman 1946- railway worker case)
Describe the golden rule with case
Judge modify literal meaning avoiding unjust/absurd result (re sigsworth 1935- guy in prison wants to kill mother)
Describe the mischief rule with a case
Used when there’s ambiguity or when there’s an unforseen loophole stopping parliaments intentions (corkery v carpenter 1951- licensing act bike=carriage)
