AC1.1 - Describe processes used for law making

Question 1

What is parliament made up of? (Government processes)

Answer 1

The Monarch, House of Lords and The House of Commons

Question 2

What does The Monarch do? (Government processes)

Answer 2

Gives Royal Assent to bills passed by parliament

Question 3

What do the House of Lords do? (Government processes)

Answer 3

Scrutinise legislation, holds government to account and considers and reports upon public policy. They are lifetime appointed peers

Question 4

What do the House of Commons do? (Government processes)

Answer 4

Elected representatives of members of parliament who scrutinise the government through committees and Prime Minister questions

Question 5

What is the order of a law being made? (Government processes)

Answer 5

Green paper, white paper, first reading, second reading, committee stage, report stage, third reading, house of lords and royal assent

Question 6

What is the green paper? (Government processes)

Answer 6

The first public consultation when a new law is considered

Question 7

What is the white paper? (Government processes)

Answer 7

The formal proposal for reform is produced. Usually starts in HoC and allows for a draft act to be presented to parliament

Question 8

What is the first reading? (Government processes)

Answer 8

Where the name of the Bill and its main aims are read out, a formal vote taken

Question 9

What is the second reading? (Government processes)

Answer 9

The main debate takes place, followed by another vote. Opportunity to ask questions and debate the Bill in parliament

Question 10

What is the Committee Stage? (Government processes)

Answer 10

A chosen group of representatives look closely at the Bill to address any issues and suggest appropriate amendments

Question 11

What is the Report Stage? (Government processes)

Answer 11

Committee report back to the full house who vote on proposed amends

Question 12

What is the third reading? (Government processes)

Answer 12

The final vote on the Bill

Question 13

What is the House of Lords in law making? (Government processes)

Answer 13

Bill must go through all 3 readings, may be some back and forth with HoC

Question 14

What is the Royal Assent? (Government processes)

Answer 14

Monarch signs Bill, cannot refuse (symbolic stage as head of state) officially a law

Question 15

What is the judicial process of law making?

Answer 15

Judicial precedent and Statutory interpretation

Question 16

What is a judicial precedent (Judicial processes)

Answer 16

Law made by judges in the courts. When a case appears before them, the must make a judgement and this forms the law. This must be followed in similar cases. Judges need to apply law consistently to make the justice system fair. All cases must be treated equally so sentencing is fair. If no precedent is set, the judge must go away and create a new one

Question 17

What are examples of judicial precedent cases? (Judicial processes)

Answer 17

Donoghue V Stephenson

Daniels V White

Question 18

What happened in the Donoghue V Stephenson case? (Judicial processes)

Answer 18

Bottle of ginger beer with a decomposing snail in it. The woman fell ill and sued the manufacturer. She won, Manufacturer is to blame - Neighbour principle

Question 19

What happened in the Daniels V White case? (Judicial processes)

Answer 19

Lemonade contained a corrosive metal. The Donoghue V Stephenson case was used when suing because it was sufficiently similar for the purpose of the precedent

Question 20

What is statutory interpretation? (Judicial processes)

Answer 20

A judge in a superior court are sometimes called upon to interpret words or phrases within a statute. There are rules to help: mischief rule, literal rule and golden rule

Question 21

What are examples of statutory interpretation cases? (Judicial processes)

Answer 21

Whiteley V Chappell

Question 22

What happened in the Whiteley V Chappell case?

Answer 22

Defendant impersonated a deceased voter. Using the literal rule it was found that there was no offence. This is because it was an offence to personate ‘any person entitled to vote’. A deceased person is not entitled to vote so was found not guilty