AC 1.1 DESCRIBE THE PROCESS USED FOR LAW MAKING Flashcards
Describe the process of making laws. (4 marks)
In the house of Commons
there is the Green paper, White paper, First reading, Second reading, committee stage, report stage, third reading, repeats in the house of Lords and there may be a ping pong stage. Then Royal assent.
Describe how judges make laws
Judges make laws through setting judicial presidents. A judicial president is set by a high court e.g. the court of appeals or supreme court. When a judicial president is set, lower courts have to follow it as it becomes common law.
Another way is through statutory interpretation which is when a judge interprets a statute or Act of Parliament in a particular case. They follow the literal rule, Mischief rule, and Golden rule.
What are the exceptions to a judicial president?
Distinguishing: A president set from another case only applies on a present case if the legal principle is the same and if the facts are similar in both. Distinguishing means a judge may reach a different decision if the case is different enough.
Overruling: Higher courts may overrule a legal decision made by a lower court. For example, the supreme court can overrule the lower the crown court when it hears an appeal.
Describe how judges make statutory interpretations?
The Literal rule: When a judge interprets an Act of Parliament or statute through its literal meaning.
The Golden Rule: When a judge interprets an Act of Parliament or Statute and makes an exception to the rule. This allows a judge to avoid absurd results and modify a statutes literal meaning.
Mischief rule: This allows a court to follow what the statute was intended achieve, rather then what the words actually say.
What is an example of an exception to a president
The president set on marital rape: the case R v R 1992, a husband had been convicted of attempting to rape his wife. He appealed that a husband could not rape his wife according to century old president as a marriage contract gave a wife’s irreversible consent. However, the appeal court overruled this on the grounds that the idea of irreversible consent was unacceptable in this days standard.
What is a green and white paper?
A Green paper occurs before putting a bill before parliament. This Government usually punished a Green paper report to provoke public discussions of the subject. It often includes questions or discussions for individuals who are interested to discuss.
A White paper is published after the consultation and is a document setting out a detailed plan for the legislation. This is often published with a draft version of a Bill.
Examples of Acts of Parliament?
Criminal Justice Act 2003: Reformed the double jeopardy rule, allowing a person to be retried for the same serious offence (like murder) if new and compelling evidence emerges.
