A.C 1.1 - Booklet 1 Flashcards
How does government law making carry out?
-First Reading
-Second Reading
-Committee Stage
-Report Stage
-Third Reading
-The Lords
-Royal Assent
What is the first reading?
When the government first introduces the Bill into the House of Commons. This is a formal announcement of the bill where a vote is made to see if it can be taken to the next stage.
What is the second reading?
The bill is debated at the House of Commons, where another vote is taken.
What is the committee stage?
This is where the bill is examined in detail by a small committee of MPs from different parties. They report back to the House of Commons to usually propose the ammendments to the bill.
What is the report stage?
This stage gives MPs an opportunity to consider the committee’s report to vote on amendments they might wish to make to the bill.
This debate lasts for multiple days with major bills.
What is “The Lords” stage?
The bill goes to the House of Lords where it follows the same previous stages that occurred in the House of Commons. They may make changes to the bill, where it goes back and forth with the two houses until they both agree, which is called “ping-ponging”.
What is the “Royal Assent” stage?
The current monarch signs the bill to put it into place.
What is Judicial Precedent?
When a case appears before a judge in course, they make a judgement that forms that law. It’s where judges use the decision of other cases to make judgement on the outcome of their case.
This is based on principle of standing by or following what judges have decided in previous cases.
How does the Court Heirarchy apply to law making?
A decision taken by a higher court automatically creates an original or binding precedent for all lower courts.
What can allow a judge to avoid following a precedent?
Distinguishing - If facts are different, a precedent will not be followed.
Overruling - A higher court can nullify and dismiss legal ruling of lower courts.
What is Statutory Interpretation?
Judges can make law by the way they interpret the words or phrases in statutes or acts of Parliament.
A lower court must follow the interpretation of a higher court.
What is the “Literal Rule”?
A rule of statutory interpretation where courts simply look at the words of the statutes and apply them as they were written.
What is the “Golden Rule”?
Allows courts to assume Parliament intended the legislative meaning has a wider definition than it’s literal meaning.
What is the “Mischief Rule”?
A court must look at the law was before the legislation was passed in order to discover what gap or mischief the legislation was intended to cover
