A.C. 1.1 Flashcards
What are the three parts of parliament?
1.House of Lords
2. House of Commons
3. The monarchy
What are the two key law making processes in the UK?
~Internal
~External
Why is parliament important?
It possesses legislative supremacy and thereby holds ultimate power over all other political bodies in the United Kingdom and the Overseas Territories.
how many stages are there in making a law?
There are 8 stages
Define Judicial Precedent
Judicial Precedent refers to the source of law where the decisions of judges create law for future judges to follow (this is known as binding precedent)
Give another name for Judicial Precedent?
~Judge Made Law
~Common Law
~Case Law
~Judicial Precedent
What are all the stages of making a new law?
- Often called the consultation stage
- First Reading
3.Second Reading - Committee stage
- Report stage
- Third reading
- The Lords
- Royal Assent
What is Judicial Precedent?
The source of law where the decisions of judges create law for future judges to follow (this is known as binding precedent)
When a decision is made by a judge in a higher court it will always be binding on the court below it. It is also referred to as:
Judge Made Law
Common Law
Case Law
What is law making?
Law making is the process through which laws (legislation) are created, modified, or repealed by parliament or other legal bodies to regulate behavior in society.
Who are the key participants in the law-making process?
The key participants include Parliament (MPs), the Prime Minister, government ministers, legal experts, and sometimes the public through consultations.
What is the first stage of law making in the UK?
The first stage is the proposal of a new law or drafting of a bill, which is usually introduced by a government minister or MP.
What is a Bill in the law-making process?
A Bill is a proposed law that is introduced in Parliament for debate and approval. It can be introduced by the government or individual MPs
What is the role of House of Commons in law making?
The House of Commons debates and scrutinizes Bills, suggesting amendments, and voting on whether the Bill should move forward.
What is the role of the House of Lords in the law-making process?
The House of Lords reviews and revises Bills, offering amendments and suggestions. They cannot veto laws but can delay their progress or recommend changes.
What happens during the committee stage of law making?
In the committee stage, a detailed examination of the Bill takes place, with expert input and the possibility for amendments or changes to be proposed.
What is the third reading of a Bill?
The third reading is the final opportunity for Parliament to debate the content of a Bill before voting on whether it should be passed into law.
What happens after both Houses of Parliament agree on a Bill?
After both the House of Commons and House of Lords agree on the Bill, it is sent for Royal Assent, where the Monarch formally approves it, turning it into law.
What is Royal Assent?
Royal Assent is the final stage of the legislative process, where the Monarch gives formal approval to a Bill passed by Parliament, making it an Act of Parliament (law).
What is a Private Members’ Bill?
A Private Members’ Bill is a Bill introduced by an MP or peer who is not a government minister, often focusing on specific issues or causes raised by individuals or interest groups.
What is the difference between primary and secondary legislation?
Primary legislation (Acts of Parliament) is created by Parliament, while secondary legislation (also known as delegated legislation) is made by government ministers under the authority of an Act of Parliament to fill in the details of the law.
What is consultation in the law-making process?
Consultation is when the government seeks input from various groups, such as legal experts, businesses, and the public, before drafting a Bill, to ensure the law is well-informed and effective.
What is the public Bill process?
A Public Bill affects the general public and is the most common type of Bill. It goes through several readings and stages in both Houses of Parliament before becoming law.
What is the role of the judiciary in law making?
While the judiciary does not directly create laws, court decisions can influence law interpretation and precedent, leading to the development of case law or common law.
How do pressure groups influence the law-making process?
Pressure groups advocate for specific issues or causes, often lobbying MPs and government ministers to influence the creation or change of laws, particularly in response to societal issues.
What role do legal experts play in the law-making process?
Legal experts, such as lawyers and academics, often provide advice, draft Bills, and participate in consultations, ensuring laws are legally sound and effective.
How does media attention impact law making?
Media coverage of specific issues, such as high-profile cases, can create public pressure, leading lawmakers to address these concerns and potentially influence the agenda for law reform.
What is the role of political parties in the law-making process?
Political parties propose and debate Bills based on their manifestos and policies. Their support is critical in ensuring a Bill is passed through Parliament.
How does public opinion influence law making?
Public opinion can influence the types of laws that are proposed and passed, as politicians and parties often respond to the concerns and priorities of their voters.
