ac1.1 describe processes used for law making Flashcards
1
Q
what is the gov process-parliament
A
- made up of three parts
- monarch, house of lords, house of commons
2
Q
what is the gov process-the monarch
A
- give royal assent
3
Q
what is the gov process-the lords
A
- known as peers, around 800
- 96 hereditary, 26 bishops+archbishops
- act as double check on new laws
4
Q
what is the gov process-the commons
A
- made up of 650 mps
- gov run country and propose bills
- both houses must agree to bill proposal for royal assent
5
Q
what is the gov process-the gov green+white paper
A
- green paper, initial report provokes public discussion
- white paper, doc setting detailed plan for legislation
6
Q
parliamentary stages of bill - first reading
A
- house of commons
- formal announcement of bill followed by vote
7
Q
parliamentary stages of bill - second reading
A
- main principles considered and debated
- vote
8
Q
parliamentary stages of bill - committee stage
A
- bill examined in detail, line by line
- report back and propose changes
9
Q
parliamentary stages of bill - report stage
A
- consider committee report
- debate and vote on amendments
10
Q
parliamentary stages of bill - third reading
A
- final chance for debates
- no amendments allowed
11
Q
parliamentary stages of bill - the lords
A
- same process as house of commons
- returned to commons is amended
12
Q
parliamentary stages of bill - royal assent
A
- monarch’s agreement to make bill
- law immediately comes into force
13
Q
judicial precedent
A
- past decisions of judges create laws for future judges
- stare decisis, standing by what judges have decided in previous cases
14
Q
court of hierarchy
A
- supreme
- appeal
- high
- crown
- magistrates
15
Q
exceptions to precedent - distinguishing
A
- judge finds facts in present case different enough from previous case to allow a different decision
16
Q
exceptions to precedent - overruling
A
- court higher up in hierarchy state a legal decision in an earlier case is wrong and overturn it
17
Q
statutory interpretation
A
- written law judges need to interpret and apply to case
18
Q
literal rule - stat interpretation
A
- judge use everyday ordinary meaning of words in a stat
19
Q
golden rule - stat interpretation
A
- courts modify literal meaning to avoid absurd result
20
Q
mischief rule - stat interpretation
A
- court enforce what stat intended to achieve
