AC 1.1 - describe processes used for law making Flashcards
what are the two processes used for law making?
governmental
judicial
what are the stages of governmental law making?
1 - green paper
2 - white paper
3 - houses
4 - 1st reading
5 - 2nd reading
6 - committee stage
7 - report stage
8 - 3rd reading
9 - royal assent
what is green paper?
public consultation
what is white paper?
formal proposals for reform is produced
what is the ‘houses’ stage
begins it’s journey in the house of commons or the house of lords
what is the 1st reading?
Name and aim of bill read out + vote takes place
what is the 2nd reading?
main debate takes place + second vote
what is the committee stage?
a group of representatives look closely and suggest any amendments
what is the report stage?
vote on proposed amendments
what is the royal assent?
monarch signs the bill and it becomes an act of parliament
what is the judicial process to law making?
judicial precedent - laws made by judges in only the senior courts that must be followed by future similar cases
what are the case examples for judicial precedent?
Donoghue v Stevenson - snail in ginger beer (neighbour principle)
6 years later…
Daniels v White - corrosive metal in lemonade
what are the options for not following a past decision?
overruling - not following past decisions (if unclear etc)
distinguishing - finding small differences that means the past decisions can not apply/work
What is statutory interpretation + the rules to help?
sometimes words are unclear to a judge has to interpret them
there ares rules to help:
1. literal rule
2. golden rule
3. mischief rule
what is the literal rule?
applying the ordinary and natural meaning
R v Maginnis: different judges found different meaning for the ‘supply’ of illegal drugs
what is the golden rule?
allows courts to assume a wider definition if the literal rule is ‘absurd’
Adler v George: D was not allowed in the ‘vicinity’ of the prohibited place - applied rule to mean he was not allowed in the prohibited place
what is the mischief rule?
requires the court to look back at what the law was before the legislation passed in order to see what gap it was trying to cover
Corkery v Carpenter - Licensing Act 1972 makes it an offence to be drunk in charge of a carriage.
Found guilty even though he was on a bike.
what is a case example for statutory interpretation?
D impersonated a person to vote
They were dead - not entitled to vote
