ac1.1 Flashcards
what is the government process of lawmaking?
this process refers to any laws made by parliament which are sometimes referred to as ‘legalisation’.
What is the Monarch?
The parliament is made up with this which in the UK refers to the King or Queen. They provide ‘Royal Assent’ which is their agreement to a new law.
what is the The House of Lords ?
Members (peers) that conduct their own checks on new laws that are proposed by the house of commons. The members can include people from religious groups,k life peers, and those who have inherited their position
what are the house of commons?
there are 650 elected representatives of the people who receive their position through general elections. the prime minister leads the party that has the majority of the 650 elected representatives
how does a bill become a law?
a green paper is published by the government which allows public consultation on a potential new law to be discussed.
what is the white paper?
this is followed after the green paper a consultation the White Paper is created with formal proposals and plans. This allows a draft act (a bill) to be created & presented to Parliament.
what are the stages once the bill is put before parliament for checking and approval?
1.First Reading: Name of the bill and main aims read out. Formal vote taken.
- Second Reading: Main debate of bill followed by another vote.
- Committee stage: A group of representatives look at the bill to address any issues and suggest possible changes.
- Report stage: Committee report back to the House who then vote on any proposed amendments.
- Third Reading: Final vote on the Bill takes place.
- Royal Assent: The Monarch signs the bill. She cannot refuse as it is now only
a symbolic stage as the Head of State.
The Bill then becomes an Act of Parliament.
example of act of parliament: explain dangerous dogs act (1991)
This became a act by going through the government process. Due to a moral panic caused by the media the Bill was rushed through the stages and given Royal Assent. Many consider this problematic because the absence of thorough scrutiny led to breed blaming and failed to consider treatments of dogs by owners.
what is the judicial process of law making?
When judges are able to make laws and they do so in the processes of Judicial precedent and Statutory interpretation.
what is the judicial process: Statutory interpretation?
When judges rely on interpreting written laws when applying hem to cases. there are three rules they follow to make these interpretations.
1) literal rule - interpretations use ordinary meanings of words
2) golden rule: meaning of words can be modified especially in cases where an absurd result is likely to occur if the law is interpreted literally.
3) mischief rule: the intention of the law is used by the judge rather than wording. for example, licensing act 1872 made it illegal to drive a carriage whilst under the influence of alcohol. Judges inferred from this that it would also be illegal to drive any transport under the influence of alcohol.
what is manifesto?
this is one way a party tries to persuade people to vote: before an election all political parties publish a list of the reforms they would carry out if they were elected as the next government.
give 3 successful pressure groups:
1) the government finally agreed to reduce the age of consent for homosexcal acts in private to 16 in 2000.
2)The League against cruel sports campaigned for the banning of hunting foxes with dogs, As a result the Hunting Act 2004 passed.
3) Strict laws against smoking in public places were introduced because of public opinion and medical in 2004
who is likely to be a ‘lobbyist’’?
members of the public however most lobbying is done by professionalists on behalf of businesses, trade associations and big charities.
what is a current parliamentary bill?
animal welfare (import of dogs,cats and ferrets) bill - originated in the house of commons, session 2024-2025
example for:
1) literal rule
2) golden rule
3) mischief rule
1) whiteley v chappell (1868)
in this case the defendant was charged under a section which made it an offence to impersonate ‘any person entitled to vote’. The defendant pretended to be a person whose name was on the voters list but who had died. The court held the defendant was not guilty since a dead person is not, in the literal meaning of the words ‘entitled to vote’.
2) resigsworth (1935)
in this case the son had murdered his mother. the mother had not made a will so her estate would usually had been inherited by her next kin according to the rules set out in the administration of justice act 1925. this meant that the murderer son would have inherited her as the next of kin or ‘issue’. there was no ambiguity in the words of the act, but the court was not prepared to let a murder benefit from the crime.
it was held that the literal rule should not apply; the golden rule would be used to prevent the repugnant situation of the son inheriting.
3) smith v hughes (1960)
the court considered 6 appeals against the conviction under this section of 6 women. in each case women had not been ‘in a street or public place’ on the first floor balcony of a house at window by tapping on window. these women had intention of attracting the attention of men. it was argued they were not guilty since they were not literally ‘in a street or public place’. the court decided they were guilty. lord parker said ‘everybody knows this was an act to clean up the streets’’. can be seen the judge was not looking at the exact meaning of the words but looking at the mischief and problems that parliament were attempting to deal with when passing the act.
