Ac1 Flashcards
Where Where the majority of the law made in england
Parliament
What happens when a new law is considered
Public consultation in the form of a green paper. From this a white paper with formal proposals for reform is produced which allo2s a draft act called a Bill to be presented in parliament
The journey of the law to be created in the house of commons:
First reading
Second reading
Committe stage
Report stage
Third reading
Royal assent
First reading
Where the name of rhe bill and its main aims are read our and formal vote is taken
Second reading
The main debate takes place followed by another vote
Committee stage
A chosen group of representatives look closely at the bill to address any issued and suggest appropriate amendments
Report stage
The committee report back to the full house who then vote out proposed amendments
Third stage
The final vote on the bull
All of the above stages are repeated in another house
Royal assent
The monarch signs the bill. She cannot refuse as it now only a symbolic stages as the head of state
The bill then becomes an act of parliament and the commencement date is given
Judicial law
Is a law Madrid by judges in the court
When a case appears before them they must make a judgement which forms a law
Case that uses a judicial law
Donoghue vs Stevenson(1932)
Two friends visited a cafe and drank a bottle of ginger beer that had the remains of a decomposing snail in it. The women fell ill and sued the manufacturer she won her case. The court decided a duty of care was owed by the manufacturer to the women known as the neighbour principle, thic case founded the modern day law or negligence
What do judges need to do once made a law
Apply the law consistently and use the same principles in similiar cases.
As there are several courts there is a hierarchy and lower courts must abide by decisions from higher costs
An alternative way for a judge to make a law
Statutory interpretation
Statutory interpretation
Where judges in the superior courts such as the court of appeal and supreme court are sometimes called upon to interpret words and phrases within a statute
Example of statutory interpretation
Whiteley v Chappel 1868
The defendant was charged with an offence of impersonating any person entitled to vote. The defendant had pretended to be a person who was on the voters list but that person had died. The court held the defendant was not guilty diner a dead person is not entitled to vote
