AC1.1 Describe processes used for law making

Question 1

Binding precedent

Answer 1

when a decision is made it binds all legal institutions and they are required to follow it

Question 2

Government processes

Answer 2

made through statute created by parliament

Question 3

Statute

Answer 3

An Act of Parliament- a law that has been through the various law making stages in parliament

Question 4

Parliamentary Supremacy (Sovereignty)

Answer 4

Laws that are made by Parliament are supreme over any other source

Question 5

Functions of Parliament

Answer 5

• examining/challenging the work of government
• Debating/passing all laws
• Enabling government to raise taxes

Question 6

House of Commons

Answer 6

-ELECTED body. Made up of MP’s in government who debate issues and introduce and pass new acts.

Question 7

Government

Answer 7

• Help PM run country

- made up of 100 ministers

Question 8

Cabinet

Answer 8

• made up of 20 senior ministers

- each responsible for particular issue

Question 9

House of Lords

Answer 9

• NON-ELECTED body

- Made up of senior judges, bishops, life peers and hereditary peers

Question 10

Monarch

Answer 10

-signs new laws

Question 11

How do new laws come into existence?

Answer 11

• tragic incidents
• crimes committed
• lobbying
• public opinion/media coverage
• pressure groups
• the law commission
• government manifestos

Question 12

Stage 1: Pre-legislative stage- consultation

Answer 12

green paper > white paper

Question 13

Green paper

Answer 13

an outline of proposals sent to parties (seek feedback)

Question 14

White paper

Answer 14

Feedback considered and final proposals outlined (forms basis of bill)

Question 15

Why is consultation important?

Answer 15

greater awareness

Question 16

Stage 2: Drafting of a Bill

Answer 16

before a statute becomes a law it has to become a bill

Question 17

Public bills

Answer 17

• intended to affect public as a whole
• introduced by MP
• main way of making statute
• aim to change law of whole country

Question 18

Private bills

Answer 18

• intended to affect few
• usually proposed by local authority
• e.g. local authorities may want to build a highway

Question 19

Hybrid bills

Answer 19

• cross between public and private bills
• only affect particular person/place/organisation
• introduced by government

Question 20

Private member bills

Answer 20

-prepared by back-bend mp or members of HL
-Have to enter ballot to win right to do so
(ballot- 20 mps selected or 10 min rules)

Question 21

Stage 3: law making in parliament

Answer 21

Green Winged Dragon Flies Slowly Clockwise Round The Old Ruin
(consultation)
Green paper
White paper
(Draft bill)
First reading
Second reading
Committee stage
Report stage
Third reading
Other house (HL)
Royal assent
(Statues)

Question 22

Stage 3 explained

Answer 22

(consultation)
Green paper- proposals sent out to parties for feedback
White paper- following feedback, draft bill
(Draft bill)
First reading-government announces bill by reading it out
Second reading- main debate takes place, all MP’s discuss and vote
Committee stage- smaller groups look at bill in more detail
Report stage- amendments made are reported to everyone in HC
Third reading- overall consideration of bill in HC + final vote
Other house (HL)- bill goes to HL(similar stages) can suggest amendment and send it back to reach agreement
Royal assent- queen signs off bills
(Statues)

Question 23

Parliament acts 1911 and 1949

Answer 23

allows hc to have power if hl rejects

Question 24

Why does power exist?

Answer 24

• allows hc to pass laws even if hl reject
• hl, wealthy so bias
• parliament act, allows them to pass law without hl

Question 25

Explain the role judges play in law making [6 marks]

Answer 25

• judges make law through judicial precedent
• Act of Parliament must be followed, can make own law
• they will outline key facts, and reason for decision based on law (ratio decideni)
• anything else that doesn’t form the reasons behind decision (obiter dicta)
• Higher courts bind lower courts (most judicial made by court of appeal) this is known as binding precedent
• binding precedent can include decisions made by a lower court, statement from dissenting judge, decisions made by decisions of lower court
• if no precedent exists can be made by lower courts, original precedent
• Judges may use persuasive precedent to determine law, not binding on court (cant use if already binding precedent)
• judicial precedents ensures consistency
• Statutory interpretation, makes law that interprets Acts of Parliament and apply them to cases
• literal rule, golden rule and mischief rule

Question 26

common law

Answer 26

judge made laws

Question 27

ratio decidendi

Answer 27

the reason for the decision

Question 28

obiter dicta

Answer 28

other things said

Question 29

Literal rule and e.g.

Answer 29

• all words in statute are given natural meaning

- e.g. Whiteley v Chopell

Question 30

Golden rule and e.g.

Answer 30

• says if literal rule produces absurdity the court should look for another meaning
• e.g. Adler V George

Question 31

Mischief rule and e.g.

Answer 31

• allows judge to give consideration as to what parliament intended to achieve when drafting
• e.g. Corkery V Carpenter

Question 32

Original precedent

Answer 32

-if point of law has never been decided before, then ratio in judgement will form new precedent

Question 33

Binding precedent

Answer 33

-precedent from earlier case must be followed, even if judge in later cases don’t agree

Question 34

Persuasive precedent

Answer 34

-not binding, but judge may consider it and decide that is the correct principle so its persuaded to follow

Question 35

Statutory interpretation (what/why)

Answer 35

-judges can also make laws by the way they interpret statutes 
they need to do this because:
-ambiguity
-drafting error
-new developments
-changes in use of language