AC1.1 Describe Processes for Law Making

Question 1

What are the two main processes for law making?

Answer 1

1) Government processes

2) Judicial processes

Question 2

What is the mnemonic for remembering the process of government law making?

Answer 2

Green and White Fat Snails Can’t Reach The Hand Rails.

Question 3

Explain the ‘green paper’ stage of government law making.

Answer 3

• 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.

Question 4

Explain the ‘white paper stage’ of government law making.

Answer 4

• published by Parliament
• firmer proposal on the law/change.
• takes into account the suggestions made while it was a green paper.
• chance for further consultation so it can be altered before entering Parliament.

Question 5

Explain the ‘first reading’ stage of government law making.

Answer 5

• title of the bill
• summary
• read to the House of Commons.
• nothing is done at this stage.

Question 6

Explain the ‘second reading’ stage of government law making.

Answer 6

• MPs debate the main ideas the Bill proposes

- decide whether or not it should proceed.

Question 7

Explain the ‘committee’ stage of government law making.

Answer 7

• bill is examined in detail.
• clauses are read, altered or removed.
• takes into account the suggestions made at the first and second readings.

Question 8

Explain the ‘report’ stage of government law making.

Answer 8

• committee report back to the House of Commons

- proposed amendments are debated and voted on.

Question 9

Explain the ‘third reading’ stage of government law making.

Answer 9

• last chance for the House of Commons to debate the bill
• choose whether to accept or reject the legislation
• no changes to the bill can be made at this point.

Question 10

Explain what happens in the House of Lords in the process of government law making.

Answer 10

• similar process (from first reading to third reading)

- if the Lords make any changes to the bill, the House of Commons are told.

Question 11

What is ‘ping pong’ in terms of government law making?

Answer 11

Where the bill goes between the two houses to decide changes and alterations.

Question 12

Explain the ‘royal assent’ stage of government law making.

Answer 12

• bill presented to the monarch It - the bill will become an Act of Parliament.
• will become a part of law on a given date, known as the ‘commencement’.

Question 13

Is it common that a monarch will refuse to approve a law?

Answer 13

No - this is rare.

Question 14

Which laws give the House of Commons power to make a law without the consent of the House of Lords?

Answer 14

The Parliament Acts 1911 and 1949.

Question 15

Give an example of when the House of Commons passed a law without the consent of the House of Lords and why.

Answer 15

The Hunting Act 2004 as the House of Lords could not come to a decision.

Question 16

What are the 2 different ways that judicial law can be made?

Answer 16

1) Judicial precedent

2) Statutory interpretation

Question 17

What is judicial precedent?

Answer 17

When a judge sets a rule for how a law should be followed.

Question 18

When will an original precedent be made?

Answer 18

If there is no previous case ruling to follow.

Question 19

Who can change a previous ruling or overrule it?

Answer 19

A higher court judge like in the Supreme Court - it is binding to all courts below it.

Question 20

What is common law?

Answer 20

Judge made law.

Question 21

Give an example and details of a case where an original judicial precedent was made.

Answer 21

Donoghue v Stevenson (1932) - the judge ruled that the problem with the drink bought was negligence and allowed the claimant to sue.

Question 22

Give an example and details of a case where a judicial precedent was followed.

Answer 22

Daniels v White (1938) - the judge followed the ruling of Donoghue v Stevenson to allow the claimant to sue because of a bad drink.

Question 23

What is statutory interpretation?

Answer 23

When a judge interprets unclear words or phrases in a part of law. Following cases can then follow this decision.

Question 24

Give an example and details of a case where statutory interpretation was used.

Answer 24

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.