AC1.1 Describe Processes For Law Making

Question 1

Government process for law making

Answer 1

• Parliament is the main law making body
• consists of 3 parts:
  -House of Commons
  -House of Lords
  -King or Monarch

Question 2

House of commons

Answer 2

• where the government, prime minister and MPs work
• 650 MPs are voted in by UK citizens and represent an area of the country

proposal - an idea for a law

championing - introduction and discussion of a proposal

Question 3

Stages of a bill through parliament

Answer 3

Consultation stage
- public consultation suggesting a proposal (green paper)
- draft law/Bill is made (white paper)

First reading
- bills title and date for 2nd reading is announced to HOC
- no debate

Second reading
- main debating stage where bill is questioned and voted on if it should proceed

Committee stage
- small group of MPs scrutinise the bill and can make amendments

Report stage
- amendments are reported to and reviewed by others

Third reading
- final debate and vote on if the bill should proceed

Switch house
- stages are repeated in HOL
- ping-pong effect if houses can’t agree on terms for the bill

Royal assesnt
- bill is signed off as an act of Parliament by the monarch/King
- governments responsibility to implement the new law

Question 4

Judicial process - court hierarchy

Answer 4

• Supreme Court
• Court of Appeal
• High Court
• Crown Court
• Magistrates Court

Laws are made in appeal courts

Question 5

1. Judicial precedent

Answer 5

• the judge’s decision in a case
• common law as it must be followed by all lower courts in UK
• the judgement is a binding precedent as it binds the decision of lower courts
• Doctorine of Stare Decisis - the law must be followed in all future cases
• law reports are important to record all binding precedents so they can be followed

Question 6

Case examples of judicial precedent

Answer 6

Donoghue V Stevenson 1932

• woman fell ill after drinking a ginger beer containing a decomposing snail
• she sued and won as the judge created a binding precedent that the manufacturer has a ‘duty of care’ to customers

Daniels V Whites 1938

• Mr Daniels burned his throat after drinking lemonade contained bleach
• As the cases were similar, the binding precedent allowed Mr Daniels to sue and win

Question 7

2. Ways to avoid precedent

Answer 7

Sometimes following a previous decision may lead to an unfair/unjust decision

Question 8

Overruling

Answer 8

• where a higher court states a previous decision as wrong and overturns it

E.G R V R 1991
-before 1991 there was no consent in marriage
-CoA judge ruled husband as guilty of rape
-(SL) domestic abuse campaigns and societies changing views influence laws

Question 9

Distinguishing

Answer 9

• where a judge finds case facts that are significantly different
• differences must be clearly stated in the law report

Balfour V Balfour
- husband verbally agreed to pay wife £30 monthly
- after separating, the payments stopped
- wife’s claim failed as there wasn’t a formal/legal contract

Question 10

3. Statutory interpretation