AC1.1 Flashcards

1
Q

First Reading

A
  • The name of the bill is read out
  • There is no discussion or vote on the bill
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2
Q

Second Reading

A
  • MPs debate the principles behind the bill
  • Verbal vote of either “aye” or “no”
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3
Q

Committee Stage

A
  • Between 15 and 50 MPs form a committee
  • MPs will usually have specialist knowledge on the bills topic
  • Propose amendments to the bill
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4
Q

Report Stage

A
  • Changes/Amendments suggested by the committee are reported back to the HOC
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5
Q

Third Reading

A
  • Final vote on the bill
  • Often referred as a formality
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6
Q

House of Lords

A
  • Same process is followed in the HOL
  • If the HOL makes any amendments then the bill will go back to the HOC to be considered
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7
Q

Ping Pong

A
  • When the bill is repeatedly passed from HOC to HOL
  • as HOC is democratic ultimate power is granted
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8
Q

Royal Assent

A
  • Monarch gives their approval of the bill
  • Only a formality
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9
Q

6 Advantages of Parliamentary Law Making

A
  • Democratic
  • Reform whole areas of law - quick process
  • Can set broad agendas and delegate details - Acts of Parliament can give powers to make regulations
  • Pre-Legislative consultation - Government takes in consideration objections
  • Lengthy and thorough process
  • Law cannot be challenged (Parliamentary Sovereignty)
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10
Q

4 Disadvantages of Parliamentary Law Making

A
  • Time
  • Private members’ bills - government will vote down to ensure they don’t become enacted
  • Long and Complex
  • Amendment Acts make laws complex
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11
Q

Order of the Parliamentary Law Making process

A
  • First Reading
  • Second Reading
  • Committee Stage
  • Report Stage
  • Third Reading
  • Repeat in HOL
  • Royal Assent
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12
Q

Judicial Precedent

A
  • Judges make decisions on case in court, these decisions influence future cases and creates common/case law
  • Higher Courts’ judgements are followed in lower courts
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13
Q

Donoghue V Stevenson Outcome

A

Duty of Care for the law of negligence

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14
Q

Court Heirarchy

A

1st tier - Supreme Court
2nd tier - Court of Appeal
3rd tier - High Court and Crown Court
4th tier - County Court, Family Court and Magistrates Court

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15
Q

3 Examples of Statutory Interpretation

A
  • Literal Rule
  • Golden Rule
  • Mischief Rule
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16
Q

Literal Rule

A

Words in a statute are given their ordinary and natural meaning

17
Q

Golden Rule

A
  • Prevents inconsistency and absurdity
  • Judge can modify the literal meaning to avoid an unjust/absurd judgement
18
Q

Mischief Rule

A
  • Applied when there is ambiguity
  • ability to deal with unforeseen loopholes and still honour parliaments intentions