AC1.1 Describe processes used for law making

Question 1

What are the two main sources of law?

Answer 1

In England and Wales, the two main sources of law are the government and the judiciary.

Question 2

The UK is a…

Answer 2

parliamentary democracy.

Question 3

How are most of the country’s laws made?

Answer 3

By passing acts of parliament as laws have to be passed through the house of parliament.

Question 4

What are laws made by parliament also called?

Answer 4

Statutes or legislation

Question 5

What is parliament made up of?

Answer 5

The monarch, The house of lords, The house of commons.

Question 6

What are members of the house of lords called?

Answer 6

They are called peers and they are roughly 800 peers.

Question 7

How do people become members of the HoL?

Answer 7

In the past the peers were all noble men and they were hereditary positions that passed from father to eldest son. But today, there are 92 hereditary peers and 26 Church of England bishops and archbishops. The other members are life peers who can’t pass their position onto their children.

Question 8

What is the main job of the lords?

Answer 8

To act as a ‘double check’ on new laws.

Question 9

What is the house of commons?

Answer 9

The most important part of parliament because it is made up of the elected representatives of the people. There are 650 members of parliament. Each MP is elected a general election to represent a constituency (a geographical area of country).

Question 10

What is the government?

Answer 10

It is formed by the political party that has a majority of the 650 MP’s. The prime minister is the leader and most proposals for new laws come from the government.

Question 11

What is a proposal for a new law called?

Answer 11

A bill.

Question 12

How do bills become acts of parliament?

Answer 12

They must be agreed by both houses of parliament and received the royal assent before they can become acts of parliament.

Question 13

What happens before creating a bill?

Answer 13

There has to be the publication of 2 different papers, this is to gain individuals (including the publics) views on new laws that are wanting to be enacted. The 2 different papers are the green paper and the white paper.

Question 14

What is a green paper?

Answer 14

Before a bill goes to parliament the government usually published a green paper. This is an initial report to provoke public discussion of the subject, usually includes questions for interested individuals and organisations to respond to.

Question 15

What is a white paper?

Answer 15

This is a document setting out parliaments detailed plans for legislation, this includes a draft version of the bill they intend to put before parliament. This happens after the consultation.

Question 16

What is the first step in creating a law?

Answer 16

A bill is drafted.

Question 17

What is the second step in creating a law?

Answer 17

The first reading in the HoC happens. The government introduces the bill. This is a formal announcement and a vote is taken to allow it to move to the next stage.

Question 18

What is the third step in creating a law?

Answer 18

The second reading is when the main principles of the bill are considered and a debate takes place and a vote is taken. If the vote is successful the bill moves to the next stage.

Question 19

What is the fourth step in creating a law?

Answer 19

In the committee stage the bill is examined in detail, line by line by a small committee of MPs. They will then report back to the HoC and will propose changes to the bill.

Question 20

What is the fifth step in creating a law?

Answer 20

In the report stage the MPs will consider the committees report and debate and vote on the changes they want to make.

Question 21

What is the sixth step in creating a law?

Answer 21

The third reading is the final chance for the HoC to debate the bills contents. No changes are allowed to be made in this stage. The HoC vote to pass or reject the bill.

Question 22

What is the seventh step in creating a law?

Answer 22

The bill goes through the same procedures as in the HoC. If the HoL make any changes then it must return to the HoC this is where it will be decided whether to accept or reject the changes.

Question 23

What is the eight step in creating a law.

Answer 23

When the bill has passed through both houses it then goes to the King for royal assent. This is the monarchs agreement to make the bill into an act of parliament.

Question 24

What is the doctrine of judicial precedent (judiciary)?

Answer 24

Judicial precedent refers to the source of law where past decision of the judges create law for future judges to follow. Known as case law. Precedent is ‘standing by’ or following decisions in previous cases.

Question 25

What is the court hierarchy?

Answer 25

The legal system has a hierarchy of courts (Top: supreme court, court of appeal, queens bench divisional court, crown court, magistrate’s court: Bottom)

Question 26

How does the court hierarchy link with the judicial precedent?

Answer 26

A decision taken in a case by a higher court automatically creates an original or binding precedent for all lower courts, this is ones that they have to follow when dealing with similar cases.

Question 27

What are the types of precedent?

Answer 27

There are 2 main situations where a court doesn’t have to follow precedent; distinguishing precedent and overruling precedent.

Question 28

What is overruling precedent?

Answer 28

This is when the court in a later case states that the decision in an earlier case is wrong. Overruling may occur when a higher court overrules a decision made in an earlier case by a lower court. For example; when the supreme court uses the practice statement overrules a past decision of its own.

Question 29

What is a distinguishing precedent?

Answer 29

This is when a judge avoids following a precedent. If a judge finds that the material facts of the current case are sufficiently different from the case setting a precedent for a distinction to be drawn between the two, they are not bounds by the previous case.

Question 30

What is statutory interpretation?

Answer 30

Judges can make law by the way they interpret the statutes or acts of parliament. Judges need to interpret the meaning of the statutes words and apply them to the case they are judging.

Question 31

What are the main interpretation rules?

Answer 31

The literal rule, the golden rule and the mischief rule. These rules help them when interpreting the law.