A.C 1.1- Government Process of Law Making. Flashcards
List the government process of law making.
1) Green paper
2) White paper
3) First reading
4) Second reading
5) Committe stage
6) Report stage
7) Third reading
8) House of Lords
9) Royal assent
What happens in the First reading?
Introduction of the bill, a vote is then followed.
What happens in the Second reading?
Main principles of the bill are debated and a vote is then taken.
What happens in the Commitee stage?
Bill is examines y a small commitee, then suggest any ammendments.
What happens in the Report stage?
MPs debate and vote on any ammendments they might have.
What happens in the Third reading?
Final chance for commons to debate the bill, no ammendments are allowed.
What happens in the House of Lords stage?
House of Lords repeat all previous stages, the bill gets passed between HoL and House of Commons.
What is Juducial Precedent?
The process whereby judges follow previously decided cases where the facts are of sifficient similarity.
What is Origional/Binding Precedent?
Where a judge must come to a descision without following a previous descision as it has never appeared in court before.
E.g. Donoghue v Stevenson.
Explain the Literal Rule and give an example.
Words of the act must be interpreted to it’s literal dictionary meaning.
E.g. Fisher v Bell.
Explain the Golden Rule and give an example.
Jusges can interpret law literally, unless it would lead to an absurd or ridiculous result.
E.g. Adler v George.
Explain the Mischeif Rule and give an example.
Allows the court to enforce what the staute indented to achieve/remedy and then interpret the words accordingly.
E.g. Heydons Case.
