AC 1.1 - Describe the process of law making Flashcards
Ways in which our society tries to ensure we are living and working within societies norms.
They do this through formal and informal sanctions
What type of country is UK
Democracy
How are most countries laws made
Act of parliament
What 3 parts make up parliament
The monarch
The house of lords
The house of commons
What part of law making process is King
-Final part
-Only a formal role
-The Monarch simply gives the Royal Assent (means their agreement to a new law)
House of commons:
1. What it is made out of
2. how many MP’s
- elected representatives of the people
- 650 mp’s
House of lords
WHat are members called
How many
Life peers ?
Meaning of heriditary peers
Peers
800
Peers for life
Inherited peers
What is the 1st stage in law making process
Governemnt publishes green paper (proposal of law) to provoke public discussion of the subject
What is the 2nd stage in the law making process
MP’s discuss green paper - white paper then publishes setting out detailed plans for the legislation
- Often includes draft version of the Bill they intend to put before Parliament
Public bill: what is the consultation stage
what colour is the paper when document being consulted
Consultation stage - analyse opinions of different people - experts and public
Green paper - document open for consultation
2 diff types of Public bill and their priority :
(1st place in schedule) Gov bills
(2nd place in schedule) private members bills (not enough support)
Where does a bill start
descirbe process in the house where a bill starts
what is 1st reading
what is 2nd reading
what is committee stage
what is report stage - 3rd reading
Begins in the House of Commons:
1st reading - let members know the bill is coming for discussion
2nd reading - purpose + discussion/questions + vote
Committee stage - small group really tear bill apart and criticise
Report stage - 3rd reading - look at bill with all amendments made
where does a bill move to after house of commons
describe process for bill being made into statute in house of lords + how is it different to house of commons
house of lords
1st + 2nd readings
Committee stage - whole house repeat actions by committee in house of commons
Report stage - 3rd reading - more opportunities to make amendments (in more detail + line by line)
why can the process of making a ‘perfect bill’ be lengthy
Bill can move back and forth as if amendments are made in House of lords the bill must be sent back to house of commons to be checked and so the process of back and forth can be lengthy
example in loophole in law
Dempsey dog
The Caretaker removed the muzzle of Dempsey to allow it to vomit - police officers walked past and took dog away - Dempsey was not put down as House of Lords, Media and animal rights activist got involved - BUT was result of legal loophole the dog lived on - the owner of the dog did not remove the muzzle but the caretaker did
judicial process of law making:
who can make law through judicial precedent
what is judicial precedent
what are the exceptions for precedent
government + parliamentary judges
following the decisions that have been made by judges in previous similar cases - theoretically same decisions should be
made in future cases which are similar
Distinguishing: legal principle and facts are similar
Overruling: Higher court states legal decision in earlier case is wrong and overturns it
who can make law through statuatory interpretation
example of case which demonstrated importance of statuary interpretation
statuatory law: judges need to interpret the meanings of its words and apply them to the case they are judging
Brock vs DPP (1993)
- Debate other whether ‘type’ means the same as ‘breed’
- Uncertainty in words mean that statutory interpretation only way to solve issue
three interpretation rules to help judges during statuatory interpretation
The literal rule
- Use everyday meanings of words in statute
However words can have several diff meanings
- R v Maginnis (1987) drug case where diff judges found diff meanings of word ‘supply’
The golden rule
- Literal rule can lead to absurd result SO golden rule allows court to modify the literal meaning to avoid this
- Adler v George (1964), law in case said offence to be in vicinity of her majesty’s forces (naval base) so he argued he wasnt in the vicinity but was actually in it - golden rule was used and Adler convicted
The mischeif rule
- Allows court to enforce what the statue was intended to achieve rather than the words used
- Corkney vs Carpenter (1951)- claimed he was drunk using a bicycle so technically was not using a carraige - mischeif rule used to enforce the law which intends to prohibit any form of transport whilst intoxicated
