AC1.1 - Describe the process of law making

Question 1

Law making

Answer 1

Law making comprises of 3 stages ;
-Government processes.
-Judicial processes.
-Statutory interpretation

Question 2

Introduction

Answer 2

-England and Wales operate under a specific set of Laws.
-These sources of law are created and implemented by Parliament, Judiciary and EU.
-Government make laws through Parliament – Acts
But, a change in law or a completely new law can arise for various events happening.

Question 3

Those events in question:

Answer 3

A campaign for change- Sarah’s Law, Helens Law, Ann Ming.

A change in our government e.g. conservatives trying to make it illegal for prisoners to vote.

Pressure groups – putting pressure on the government to change / make laws/.

Question 4

Government processes - how a bill starts

Question 5

Green paper

Answer 5

The green paper is the first stage of a bill. It involves the law being proposed to the public and allowing the public and interested bodies to comment. E.g. Knife crime.

Question 6

White paper

Answer 6

When the green paper comes back with feedback and comments, the comments are taken on board and they will reform the original idea, taking the comments on board. Then draft 2 is released for the same process. This is called the white paper. E.g. the proposals of the new law, e.g. preventing the sale of knives to U16.

Question 7

Bill

Answer 7

The white paper is returned and the final recommendations are made. This then becomes a
Bill and is ready to placed in front of parliament.

Question 8

The consultation phase

Question 9

Public bill

Answer 9

Involves matters that effect the whole country e.g.
Children and Social Work Act or the Juries Act 1974.

Question 10

Private bill

Answer 10

Very small Bills that only effect a small section of people or country e.g. University College London Act 1996.

Question 11

Private member bill

Answer 11

A bill that has come from a MP e.g. Abortion Act 1967,

Question 12

Composition of Parliament

Question 13

The House Of Commons

Answer 13

This is the first and lower chamber. The members of the Commons are voted for by the public. The country is divided into regions and each one has a Member of Parliament (MP) who represents that region.

Question 14

The House of Lords

Answer 14

The second chamber of the UK Parliament. It is
independent from, and complements the work of, the elected House of Commons. The Lords shares the task of making and shaping laws and checking and challenging the work of the government.

Question 15

The Monarch

Answer 15

– The monarch has to approve all laws passed by parliament.
The current monarch is King Charles III.

Question 16

Legislative Process through the HOC and HOL

Question 17

First reading

Answer 17

Initial proposition and proposal NO DEBATE – formal announcement.

Question 18

Second reading

Answer 18

DEBATE of principles of the Bill – Vote

Question 19

Committee stage

Answer 19

In depth examination where clauses are identified – changes are made to proposals by MP’s.

Question 20

Report stage

Answer 20

Committee Report back clauses and recommendations to HOC – another vote.

Question 21

Third and final stage

Answer 21

Final change for DEBATE but no amendments can be made but they must vote on the final BILL.

Question 22

What happens next?

Answer 22

-Passed to HOL and same process happens again – Final.
-Monarch signs off the Law.
-Commencement date is passed and it becomes an Act of Parliament.

Question 23

Judicial process

Question 24

Judicial precedent

Answer 24

“a means by which judges make law for other judges to follow in the future”

Question 25

Principles of judicial precedent

Answer 25

1. Stare Decisis (Let the decision stand)
2. Ratio Decidendi (Reason for the decision – this is binding)
3. Obiter Dictum (By the way – this is persuasive)

Question 26

Case example - Dudley vs Stevens - 1884

Answer 26

Two defendants became shipwrecked by a storm. They had been stranded for 18 days. The food had ran out 7 days earlier and they had had no water for five days. Dudley and Stephens agreed to draw straws to see which one of them would be killed so that the others could eat him. The cabin boy was by this time too weak to take part in any decision. As
the third man had not agreed, the defendants decided that it would be better to kill the cabin boy as he was close to death and he had no family. Dudley and Stephens cut the cabin boys throat. He was too ill to put up any resistance. All three men fed on the boy and were rescued four days later. On their return to England Dudley & Stephens were charged with the boy’s murder.

Question 27

Dudley and Stephens (1884) – The Legal Issues

Answer 27

Precedent (Court decision) - The defence of necessity was not allowed. It cannot be a defence to murder as it would open a door no man could shut. Sentenced to death but pardoned by the Crown so served 6 months.

Question 28

Moral issues with the case.

Answer 28

Is it right to kill one person to save the lives of others?

What legal issues arose in Dudley and Stevens?

Do you agree with the outcome?

Question 29

When can a judge AVOID precedent?

Answer 29

Follow: if the facts are sufficiently similar the precedent set is followed.

Distinguish: when the facts are slightly different the judge distinguishes the two cases and need not follow the earlier one R v Jordan (1956) and R v Cheshire (1991)

Overrule: An earlier decision can be overruled if the judge does not agree with the courts statement. (normally if its bad law) R v R

Reverse: on appeal the higher court can change the
decision. They are also overruling, when doing this.

Question 30

Statutory interpretation

Question 31

What is it?

Answer 31

“Methods used by a judge to interpret a statute created by Parliament”

Question 32

Why can statutes be deemed as unclear?

Answer 32

-Ambiguity (More than one meaning)
-Old Language e.g. “Grievous”
-Broad Term e.g. “Bodily harm”
-Change in the meaning of a word over time.
-Drafting Error.
-New Developments e.g. the rise in HIV cases “inflicting bodily harm”

Question 33

Rules of statutory interpretation?

Question 34

Literal rule

Answer 34

Words in the statute must be given their plain,
ordinary or literal meaning. Its used even when the result creates an absurdity.

Question 35

Golden rule

Answer 35

If the words used are ambiguous the court should
use an approach, which would avoid this result.

Question 36

Mischief rule

Answer 36

Allows judges to look beyond the words of the
Act, which are in dispute and correct the ‘mischief’ it creates.
This rule is contained in Heydon’s Case (1584).

Question 37

Purposive approach

Answer 37

Goes beyond the Mischief Rule to look for
what Parliament intended. Lord Denning favoured this approach and it is the approach favoured by the ECJ.

Question 38

Overviews

Question 39

Government process

Answer 39

The majority of the law in England and Wales are made in Parliament by a process that involves consultation, debate and voting.

Question 40

Judicial processes

Answer 40

Judicial law or precedent is law made by judges in the courts.

Question 41

Statutory interpretation