AC1.1 Flashcards
What are parts of parliament that are split in three?
-The House of Lords
-house of commons
-monarchy/ royal assent
What is the House of Commons?
-650 elected representatives of the people who receive that position through general elections. Prime minister leads the part that has the majority of the 650 elected representatives (mps).
-they all must agree on a new law proposed law (known as the “bill”) then receive royal assent.
What is the House of Lords?
Members (peers) conduct their own checks on law that are proposed by the House of Commons. The members can include people from religious groups, life peers , and those who have inherited the position.
What is the order of the law process?
1st stage: green paper( summarises the law) they invit e consultation from the public!).
2st stage: white paper(draft summary of the bill ready to go to the House of Commons.
3rd stage: first and second reading (bill is debated)
4th stage: committee (different political parties structurise the bill, committee will the provide a report and progress to the 3rd reading to accept or reject the law)
5 stage: House of Lords( if approved by the House of Lords they will then determine whether it is valid then it is sent back to the house of commons once’s they approved)
6th stage: royal assent (monarchy then signs the law off.)
What is judicial precedent ?
Law made by judge in the courts. When a case appeared before the court they must make a judgement and this forms the law it must be followed in future similar cases.
Give an example of the law making process.
Criminal justice act 2003 : abolished double jeopardy through the Ann mings campaign.
Give an example of judicial precedent
Donoghue v Stevenson (1932)
-two friends visited a cafe and one drank ginger beer that had the tensions of a decomposing snail. The women fell ill and sued the manufacturer to the woman. Known as the “neighbourhood principle” this cases founded the modern day law of negligence.
What is statutory interpretation
Judges rely on interpreting written laws when applying them to cases there are 3 rules they follow to make the interpretation
-the literal rule
-the golden rule
-the mischief rule
What is the literal rule? And how can it be a problem?
Under this rule judges should use the everyday ordinary meaning of the words in a statute however one problem with this is the method is that a word can have multiple different literal ordinary meanings
What is the golden rule?
Sometimes the literal rule can lead to absurd result and the golden rule allows the court to modify the literal meaning to avoid this.
