AC 1.1 - Governememt Law Making Process Flashcards
What are the 8 stages to creating a new law through the governmental process?
- A green paper
- White paper
- First Reading
- Second reading
- Committee stage
- Report stage
- Third reading
- Royal assent
What is a green paper?
It allows the public consultation on potential new laws to be discussed, consultation phase
What is a white paper?
After consultation a white paper sets out their detailed plans. This allows a draft of a bill to be created and presented to Parliament
What is a first reading?
Name of the bill and main aims read out to House of Commons, a formal vote is taken and formal announcement made
What is a second reading?
Main debate of bill followed by another vote
What is a committee stage?
A group of representatives, usually
MP’s from different parties, look at the bill to address any issues and suggest possible changes to the whole house
What is a report stage?
Committee report back to the house who then vote and debate on any proposed amendments
What is a third reading?
Final vote and debate on the bill takes place, no amendments can be made
What is royal assent?
The monarch signs the bill, they can’t refuse it is only a symbolic stage as the Head of State. This is commencement regulation
What is an example of the governmental process working?
The Criminal Justice Act 2003:
- overturned double jeapordy law
- Ann Mings
- took a long time to
What is an example of the governmental process not working?
Dangerous Dogs Act 1991:
- the act was rushed due to media led moral panic
- many flaws in the legislation
- lacked scrutiny
What 3 groups are parliaments made up of?
- House of Commons
- House of Lords
- Monarch
What is judicial precedent?
When judges base law on what they have seen previously
What is statutory interpretation?
Judges have the ability to change laws if it follows the rules
What are the 2 exceptions to precedent?
- Distinguishing
- Overruling
What is distinguishing?
A judge finds the facts in the present case different enough from the previous case to allow them to make a different decision
What is overruling?
A court higher in the hierarchy can overrule a precedent set by a lower court eg. R v R 1992
What is the case used to explain judicial precedent?
Donoghue v Stevenson 1932
Daniel’s v White 1938
What is statutory interpretation?
When a judge has the ability to interpret a statute (law) to apply it to the case they are judging
What are the 3 main ways a judge can interpret the law?
- literal rule
- golden rule
- mischief rule
Define the literal rule.
When a judge uses the word for word meaning of the written law
What is an example of a case using the literal rule?
Whitely v Chappell 1868
Footnote
Used a dead man’s identity to vote
Define the golden rule.
When the court assumes that parliament intended a wider meaning that serves justice in the way it was intended
What is an example of a case using the golden rule?
Alder v George 1964
Wha is the mischief rule?
When the judge stops people from exploiting the wording of the law by looking at what the legislation was meant to cover
What is an example of a case using the mischief rule?
Corkery v Carpenter 1951
