AC1.1 - Describe the processes used for law making Flashcards
What is judicial precedent?
Judges following decisions made in similar/previous cases.
What case study links to judicial precedents
Donoghue v Stevenson (snail bottle)
Man fell ill after decomposed snail found in drink. Sued = case won and duty of care was owed.
Founded the modern da7 law of negligence ‘neighbour principle’
What case followed judicial precedent
Daniel V White (errosive lemonade) - burning reaction in throat, followed donoghue v stevenson case due to similarties.
Judicial precedents are not followed under what 2 circumstances:
DISTINGUISHING - when facts in the case are so different a different verdict would be reached.
OVER-RULING - court higher up states earlier precedent is wrong and overturns it.
What case followed over-ruling
R v R (1992) - husband convicted of raping his wife, he claimed he could not be guilty due to a precedent made centuries ago stating a ‘husband cannot be guilty f raping his wife’ as marriage gives irreversible consent. Judge said this was outdated as couples are now seen as equals and overruled the law.
What is statutory interpretation?
Senior courts interpreting laws by interpreting the way they are written and looking into the meaning of words and applying them to the current case.
What 3 rules does statutory interpretation follow?
LITERAL RULE - JUdges take everday, ordinary meaning. BUT wpords can have different meanings.
FOR EXAMPLE: R v Maginnis 1987 (illegal drugs) judges found different meanings for the word ‘supply’.
GOLDEN RULE - Allows the courts to moddify literal meaning to avoid absurd result.
FOR EXAMPLE: Alder V George 1964 (official secrets act 1920) Alder argued he had not broken ‘obstructing majesty’s forces in vicinity of prohibited places’ because he was not literally in it, however court convicted and used golden rule.
MISCHIEF RULE: Allows courts to enforce what the law intended to achieve, rather than what the specific words say.
FOR EXAMPLE: Corkery V Carpenter 1951 (Licensing Act 1972) means it is illegal to be in charge of a carriage on highway whilst intoxicated, and he was found guilty eve tho he was on a bicycle.
What are government processes?
The creation of legislation
What three groups are the government made up of
The monarch - gives royal assent on laws
The Lords - double checks new laws (800 peers)
The Commons - 650 mp’s represent each geographical area
What are the stages in making a new law
Green paper - Initial report that begins public discussion
White paper- Sets out detailed plans for the new law and first draft of bill is created
First reading - Gov. introduces it to the commons via a formal announcement then a vote to pass it takes place
Second reading - Main principles are debated by HOC and another vote, if gov. win vote law proceeds
The committee stage - Examined in detail by few MPS from different parties, any charges are reported to the house and amendments are proposed
The report stage - consider, debated and vote on amendments
Third reading - Final chance for commons to debate, bill is then passed/rejected by the house
The Lords - Double checks law, If amendments are made then it returns to the commons for a vote and HOC get final say
Royal Assent - When both houses pass the bill the monarch can sign it = passing law.
What cases links to gov. processes
Abolition of double jeopardy rule ( Julie Hogg murder) - Ann Ming campaigned for law to be abolished as the law meant her daughters murder, Billy Dunlop, could not be retired for the same case even though he confessed to a prison officer he cad killed her.
Sarahs Law (Roy WHiting 2000) - He was already on sex offenders register and after he killed Sarah her family started a campaign and petition that got 7000 signatures which led to intro of law. (Law allows people to request to see whether someone is on the list)
