AC 1.1 describe processes used for law making Flashcards
what are the two main sources of law
-The government (through parliament)
-the Judiciary
What is a statute
Law made by parliament
The Monarch
The king plays a constitutional role in opening and dissolving parliament and approving Bills before they become laws
What three parts are parliament made up of
-the monarch
-the house of lords
-the house of commons
What is the main job of the lords
to act as a double check on new laws
What are members of the house of lords known as
Peers
What are life peers
Can’t pass on their peerage
What were peers originally known as
Traditionally known as a nobleman- they had a hereditary position and passed on peerage to the next generation
How are MPs elected
at a general election to represent a constituency
why is the house of commons the most important part of parliament
It’s made up of the elected representatives of the people
What is a proposal for a new law called
A bill
What is the role of the government
to run the country
Who is the government made up of
The political party that has a majority of the 650 MPs
How does a bill become a act of parliament
Must be agreed by both houses of parliament and receive the royal assent
What is a green paper
An initial report to provoke public discussion of the subject. Often includes questions for interested individuals and organisations to respond to
What is a white paper
After the consultation the government publishes this paper setting out the detailed plan for legislation. (Drafted version of bill)
What are the 7 stages a bill must go through to become an act
-first reading
-second reading
-the committee stage
-the report stage
-third reading
-the lords
-Royal assent
What is the first reading
The government first introduces the bill into the commons where it receives a first reading. Followed by a vote to allow it to go to the next stage
What is the second reading
When the main principles are considered and debated by the whole house of commons and a vote is taken. government will usually win as they have the support of the majority MPs
What is the committee stage
bill is examined in detail, line by line, by a small committee made up of MPs from different parties. they will report back to the whole house and will often propose amendments
What is the report stage
gives MPs an opportunity to consider the committees report and to debate and vote on any amendments they might wish to make.
What is the third reading
Final chance for the commons to debate the bills contents. No amendments are allowed at this stage the house votes to pass or reject it
What happens after the third reading
the bill goes to the house of lords where it goes through the same stages. if they make amendments it must go back to the commons so they can decide to accept or reject it.
What is royal assent
once the bill has been passed by both houses it goes to the monarch for signing. this is the monarchs agreement to make the bill into an act
What are 2 criminal laws introduced by government and passed by parliament
-The Criminal Justice Act (2003)
-The Dangerous Dogs Act (1991)
The Criminal Justice Act (2003)
introduce a change to the double jeopardy rule, following Ann Ming’s campaign. It allowed the second trial of the killer of Ming’s daughter and they were convicted
The Dangerous Dogs Act (1991)
This Act was rushed through parliament in just a few weeks as a knee-jerk over reaction to a media led moral panic
What is the role of the judge
-ensure that the trial is fair and to protect the defendants human rights
-advise the jury on points of law and court procedures
-act as a referee between the defence and prosecution
-pass sentence if the accused is found guilty
-where there is danger of jurors being bribed or intimidated the Criminal Justice Act 2003 permits a judge to sit alone
What are the two process judges can make laws
-judicial precedents
-Statutory interpretation
what is judicial precedent
A source of law making where the past decisions of judges create law for future judges to follow
What is judicial precedent based on
the principle of standing by or following what judges have decided in previous cases (stare decisis)
Why is it important to follow the decisions of previous cases
It creates certainty, consistency and fairness in the legal system
what is the court hierarchy
The supreme court is at the top and decisions by a higher court automatically creates an original or binding precedents for all lower courts that they have to follow for similar cases
What are the 2 exceptions to following
-distinguishing
-overruling
What is distinguishing
A precedent from an earlier case is only binding on a present case if the legal principle involved is the same or if the facts are similar
What is overruling
Where a court higher up the hierarchy states that a legal decision in a earlier case is wrong and overturns it
The law on martial rape
- example of overruling
-Case of R v R - husband was convicted of attempting to rape his wife
-appealed on the basis of a centuries old precedent that a husband can’t be guilty of rape
-Court overruled this on the grounds tat the idea of irrevocable consent was unacceptable today as a couple is seen as equal
What is statutory interpretation
Judges can make laws by the way they interpret statutes or acts of parliament
What are the 3 main interpretation rules
-The literal rule
-The golden rule
-The mischief rule
The literal rule
judges should use the everyday, ordinary meaning of the words in a statute
What is a problem with the literal rule
A word can have several different literal dictionary meanings
The golden rule
Allows the court to modify the literal meaning to avoid absurd results
The mischief rule
Allows the court to enforce what the statute was intended to achieve, rather than what the words actually say
