AC1.1 Flashcards
What are the two main processes for law making?
1) Government processes
2) Judicial processes
What is the mnemonic for remembering the process of government law making?
Green and White Fat Snails Can’t Reach The Hand Rails.
What does Green and White Fat Snails Can’t Reach The Hand Rails stand for
Fat = First Reading Snails = Second Reading Cant = Committee stage Reach = Reoprt Stage The = Third Stage Rails = Royal Assent
What happens in the First Reading
Name and main aims of bill are read out and a formal vote is taken
What happens in the Second Stage
The main Debate takes place followed by another vote
What happens In the Committee Stage
Chosen group of Representatives looks closely at bill to address any issues and suggest appropriate amendments
What happens in the report stage
Committe report back to the hull house who then on the proposed amendments
What Happens in the Third Reading
The final vote on then bill
What Happens in the Royal assent
The Monarch Signs the bill she cannot refuse
explain the ‘green paper’ stage of government law making.
- basic proposal for a law/change to an existing law.
- sent to relevant people and published online so people can comment on the proposal and make suggestions.
Explain the ‘white paper stage’ of government law making.
- published by Parliament
- firmer proposal on the law/change.
- takes into account the suggestions made while it was a green paper.
Explain what happens in the House of Lords in the process of government law making.
- similar process (from first reading to third reading)
- if the Lords make any changes to the bill, the House of Commons are told.
Which laws give the House of Commons power to make a law without the consent of the House of Lords?
The Parliament Acts 1911 and 1949.
What are the 2 different ways that judicial law can be made?
1) Judicial precedent
2) Statutory interpretation
What is judicial Consent
When a judge sets a rule for how a law should be followed.
When a judge sets a rule for how a law should be followed.
If there is no previous case ruling to follow.
who can change a previous ruling or overrule it?
A higher court judge like in the Supreme Court - it is binding to all courts below it.
What is common law?
Judge made law.
Give an example and details of a case where an original judicial precedent was made.
Donoghue v Stevenson (1932) - the judge ruled that the problem with the drink bought was negligence and allowed the claimant to sue.
Give an example and details of a case where a judicial precedent was followed
Daniels v White (1938) - the judge followed the ruling of Donoghue v Stevenson to allow the claimant to sue because of a bad drink.
What is statutory interpretation?
When a judge interprets unclear words or phrases in a part of law. Following cases can then follow this decision.
Give an example and details of a case where statutory interpretation was used.
Whiteley v Chappell (1868) - the defendant was charged under a section of law which made it an offence to impersonate ‘any person entitled to vote’ but as he had impersonated a dead man it was unclear as to whether or not he was guilty. The judge interpreted the law to rule not guilty as he believed the dead man was eligible to vote.
