Ac 1.1 Flashcards
The two key law making processes in the uk?
Government process
Judicial process
The uk is a parliamentary democracy, what does this mean?
“Power to the people”
Vote for people in charge.
What three parts is parliament made up of?
The monarchy
House of Lords
House of Commons
What role does the monarch have in law making?
Only a formal role
Gives royal ascent which is their agreement to the new law
What are the members of the House of Lords called?
Peers
Approximately 800
What is the role of the Peers?
‘Double check’ new laws
Where did peers come from in the past?
All peers were noblemen- dukes and barons
Many held hereditary positions
2023- only 92 hereditary peers who continue to sit in the House of Lords ‘by right’
Do they devalue democracy? Do they represent the views of the people?
Granted a seat due to birth right
Not elected
Out of tough
Undermines principles of equality
System perpetuates privilege
What is a dictator?
Absolute power and control by one person
Who gets to vote in the uk?
18+
HOC and how its elected?
646 elected members
Each represent an area of the uk known as a constituency
How does the HOL differ from the HOC?
Unelected
Some used to be MPs but most are expert like lawyers and scientists
What is government?
Party who gains the most seats
What is cabinet?
PM choose group of people with expertise responsible for running a department
What is parliaments role in relation to the government?
An expression of the will of the people
What is the purpose of the green paper?
Proposes reforms or policy options for public discussion
Seeks input from stakeholders and the public
Which type of paper outlines specific proposals going forward?
A white paper outlines specific government proposals or policies. Provides detailed plans for legislation or other actions.
Where might you find a white paper in the legislative process?
White papers often appear in the legislative process as official government documents. They present policy recommendations.
explain the diffrence between consultation in green papers and implementation in white papers
Name one real world example of a green paper or white paper related to criminology?
A green paper of juvenile justice reform
A white paper proposing changes to policing practising
What happens after the green and white papers?
It is put forward in its draft form as a bill. For a bill to become law it must go though a series of stages in parliament
What is the first reading?
Gov introduces the bill into the commons where it receives its first reading
Formal announcement
Followed by a vote to allow it to move to the next stage
What is the second reading?
It’s main principles are considered and debated by the HOC
Vote is taken
What is the committee stage?
Bill is examined in detail by a small committee made up of MPs
Committee reports back to the whole house and often proposes changes to the bill
What is the report stage?
The committee report back to the full house who then vote on the proposed amendments.
What is the third reading?
The final vote on the bill
House votes to pass or reject the bill
What is the lords?
Bill goes to the House of Lords where it goes through the same stages at the HOC
What is the royal ascent?
The monarch signs the bill
They cannot refuse as its only a symbolic gesture as head of state
The bill then becomes an act of parliament and the commencement date is given
Judges can make laws too
What are the two types of judicial process of law making?
Judicial precedent
Statutory interpretation
What is judicial precedent?
Judge must follow decisions made by a higher court in a case with similar material facts
Why treat cases in a similar way?
Creates consistency, certainty and fairness
Why is court hierarchy important?
Supreme Court
I
I
Magistrates court
A decision taken in a case by a higher court automatically creates an original and binding precedent for all lower courts
What are teh two exceptions to judicial precedent?
Distinguishing
Overruling
What is distinguishing?
Avoids following precedent because the material facts of the present case are sufficiently different from the earlier case
What is overruling?
Higher court states that a legal decision in an earlier case is wrong and overturns it.
What is statutory interpretation?
Judges can make laws by the way they interpret the statues or acts of parliament
A statue is a written law, so judges need to interpret the meaning of its words and apply them to the case they are judging
What are the three rules judges must follow when using statutory interpretation?
Mischief
Golden
Literal
What is the mischief rule?
Allows the court to enforce what the statue was intended to achieve, rather than what he words actually say
Linked case -
Corkey and carpenter 1951
What is the golden rule?
The literal rule can lead to absurd results
The golden rule allows courts to modify the literal meaning to avoid this
Linked case -
Adler vs George 1964
What is the literal rule?
Judges should use the everyday, ordinary meaning of the words in statute
However, an issue is words have several different literal meanings
Linked cases -
RVs Maginnis 1987
DPP vs cheese man 1990
Whitley vs Chappel 1868
