AC 1.1 Flashcards
What is a Green Paper?
A consultative document where people are invited to give their views
Green Papers are often used to stimulate discussion and gather opinions on proposed legislation.
What is a White Paper?
A firm set of proposals for people to view before it becomes a draft Bill
White Papers outline government policy and are used to inform and invite feedback before drafting legislation.
Where does a draft Bill usually start its process?
In the House of Commons
The House of Commons is the lower house of Parliament in the UK.
What occurs during the First Reading of a Bill?
The name and main aims of the Bill are read out and a formal vote is taken
The First Reading is primarily a formality and does not involve debate.
What is the significance of the Second Reading?
It is where the main debate takes place followed by another vote, and a successful vote here means it is likely to pass through the House
The Second Reading is crucial for determining the Bill’s future in Parliament.
What happens during the Committee Stage?
A chosen group of representatives looks closely at the Bill to address issues and suggest amendments
This stage allows for detailed examination and discussion of the Bill’s provisions.
What is the purpose of the Report Stage?
The Committee reports back to the full house who then vote on the proposed amendments
This stage allows all members of the House to consider changes made during the Committee Stage.
What occurs during the Third Reading?
The final vote on the Bill, which is usually a formality
The Third Reading typically does not involve further debate on the content of the Bill.
What is ‘ping pong’ in the context of the parliamentary process?
The process where the Bill is sent back and forth between the House of Commons and the House of Lords for amendments
This continues until both Houses agree on the final text of the Bill.
What power does the House of Lords have regarding a Bill?
The House of Lords can reject the Bill for up to a year
If the Bill passes through the Commons again, it can bypass the Lords entirely.
What is the final stage in the legislative process?
Royal Assent, where the monarch formally gives approval for the Bill to become an Act of Parliament
This stage is largely ceremonial, as the monarch has not refused an Act since the 1700s.
What is statutory interpretation?
The process by which a judge interprets words or phrases in a statute.
What does the literal rule entail?
A judge uses the ordinary dictionary definition of a word or phrase.
In which case was the literal rule applied, resulting in a not guilty verdict for the defendant?
Whiteley v Chappell
What was the charge against the defendant in Whiteley v Chappell?
‘Impersonating any person entitled to vote.’
What does the golden rule involve?
Modifying a word or phrase to prevent an absurd result.
In which case was the golden rule applied to interpret ‘vicinity’?
Adler v George
What was the argument made by the defendant in Adler v George?
That he parked in the place, not the vicinity.
What does the mischief rule focus on?
The problem the Act was trying to prevent when it was created.
In which case was the mischief rule applied involving soliciting?
Smith v Hughes
What was the charge against the defendant in Smith v Hughes?
Soliciting in the street from the balcony of their private flat.
True or False: The literal rule always leads to a just outcome.
False
Fill in the blank: The _______ rule modifies meanings to avoid absurd results.
golden
Fill in the blank: The _______ rule looks at the intention behind the law.
mischief
