AC1.1 Describe the process used for law-making Flashcards
What is the ‘green paper’ stage?
Where there is a public consultation on a new law.
What happens at the ‘white paper’ stage?
At this stage, formal proposals are produced which then allows the draft act to be called a ‘Bill’ to be presented in parliament.
What happens at the first reading
The title of the bill is read out, there is no debate.
What happens at the second reading?
A debate on the main principles of the Bill. The opposition will respond to the provisions of the bill and then members are free to discuss. Government closes the debate by responding to the points made. No amendments can be made. At the end, the House will vote on the bill, if the vote is lost by the government, the bill cannot proceed further.
What happens at the committee stage?
A group of representatives look closely at the bill to address any issues and suggest appropriate amendments.
What happens at the report stage?
The committee report back to the full House who then vote on the proposed amendments.
What happens at the third reading?
The final discussion and vote on the Bill.
These steps are repeated for the other house, what must both houses agree?
Both houses must agree on the text of the Bill before it becomes an act. So if the bill is amended at the second house, it must be return to the first house for those amendments to be considered.
What happens at the ‘ping pong’ stage?
Where the bill moves backwards anf forwards between the two Houses a number of times before an agreement is reached.
What happens at the royal assent?
The Monarch signs the Bill. She cannot refuse at this point as it is now only symbolic that she signs it. The Bill now becomes an Act and a commencement date is given.
How are judicial precedents made?
When a case appears before them, they must make a judgement and this then forms the law. It must then be followed in similar cases in the future, a precedent is set and it becomes the law.
What is the case study for judicial precedents?
Donoghue vs Stevenson (1932)- a woman drank ginger beer and felt ill due to the bottle being contaminated by decomposing snail. Court decided that the company owed the woman duty of care and compensation. This discovered the modern day law of negligence and set a precedent.
What are the 2 main situations where the court don’t have to follow a precedent?
Distinguishing- judge finds the facts in the case are different enough from earlier ones to allow a different decision
Overruling- where higher courts state that the legal decisions in an earlier case was wrong and overturns it.
What does statutory interpretation mean?
Statutes (laws) passed by parliament need to be interpreted by judges. This is necessary when a new piece of legislation is introduced and the words or meaning of the Act needs to be considered.
What is the literal rule?
This is used as the starting point for interpreting legislation, words are given their plan, ordinary, dictionary meaning. Courts do not question what Parliament meant/intended.
What is the golden rule?
Where there are two interpretations, which is the least obscured.
What is the mischief rule?
gives more discretion/freedom to the judges, they can base their interpretation on the mischief.
