AC 1.1: Describe processes used for law making Flashcards
what is the green paper
Consultation document published by government with a range of proposals for new laws on a particular subject inviting the public & interested parties to comment, e.g. pressure groups
what is the white paper
Formal proposal for a new law & the argument for a law change; may also include a draft BILL
describe the first reading stage
The name of the bill and its main aims are read out by a government minister. A vote is taken to determine if it should pass to the next stage.
describe the second reading stage
The main debate takes place followed by another vote
describe the committee stage
A chosen group of representatives of MPs/Lords. The bill could be amended at this stage
describe the report stage
Committee reports back to the house in which the bill was introduced. The amendments are voted on
describe the third reading stage
Final vote in the house. Bill is then sent to the other house where all the stages are repeated starting at the 1st reading
describe royal assent
Monarch’s agreement to the new act.
describe the commencement order
Issued by the relevant government department that introduced the bill – specifies the date at which the act will come into effect.
give an example of an act of parliament that was influenced by campaigners.
- decriminalisation of abortion in England and Wales (Abortion act 1967)
- decriminalisation of homosexuality in 1967 (Sexual Offences Act 1967)
- Criminal Justice Act 2003 – amended the long-standing double jeopardy rule following Ann Ming’s campaign
what does ‘doctrine of judicial precedent’ mean?
past decisions from higher courts create law for future courts to follow where the facts are the same.
define ‘stare decisis’
means standing by decision
what two things are necessary for the operation of precedent?
- an established court hierarchy
- valid law reports
give a case example of precedents and the development of common law.
- Shaw vs DPP (1962) followed by Knuller vs DPP (1973) where the House of Lords in Shaw vs DPP made the decision that the offence was of conspiracy to corrupt public morals was later followed in Knuller vs DPP.
what are the two exceptions for when precedent does not have to be followed.
*distinguishing
* overruling
what is ‘distinguishing’
when the judge finds the facts of the past case to be different to the facts of the current case
what is ‘overruling’
a court higher up the hierarchy states that a legal decision in an earlier decision is wrong and overturns it.
give a case example of when overruling was present.
R v R 1992 – husband convicted of attempted rape on wife, he appealed due to century old precedent stating that the marriage gave a wife ‘irrevocable consent’ to sex.
court of appeal overruled as this idea was not acceptable in todays society.
what is statutory interpretation
Judges must interpret the words in Acts of Parliament meaning they can make new laws based on how they interpret certain words or phrases. this lead to development of rules of statutory interpretation.
define ‘literal rule’
judges must give the word or phrase its natural, ordinary or dictionary meaning, even if this appears to be contrary to the intentions of Parliament
e.g. Whiteley v Chappell (1868):
define ‘golden rule’
where a literal interpretation of a word/phrase would lead to an absurd result, the court may modify its meaning.
e.g. Adler v George (1964)
define ‘mischief rule’
allows the judge to understand the intention of Parliament when it passed an Act. It is a contextual method of interpreting statutes, where the court looks for the wrong, or mischief, that the stature was intended to put right.
e.g. Smith v Hughes (1960)
