AC1.1 Describe the processes used for law making Flashcards
Within law decision making what are the two main sources of decision making?
government
judiciary
what is the english legal system made up of?
common law
statute law
what is common law?
built on precedents by judges
also called case law
what is statute law?
created by the parliament in which judges must follow
within parliament what are the three main parts within the law decision making?
the monarch
the house of lords
the house of commons
what is the role of the monarch in law making?
give the royal assent which is their agreement to the new law
what is the role of the house of lords in law making?
act as a double check on new laws
house of lords
house lords are known as peers
around 800 peers
house of commons
made up of elected representatives of the people
includes 650 MPs
each MP has become elected at general elections to represent a geographical area
what is the green paper?
initial report to provoke public discussion
includes questions of interest
what is the white paper?
after the discussion it includes findings and detailed plans for the legislation
what is the first reading?
the name of the bill and its main aims are read out and a formal vote is taken
what is the second reading?
the main debate takes place followed by another vote
what is the committee stage?
a chosen group of representatives look closely at the bill to address any issues and suggest any ammendments
what is the report stage?
the committee report back to the full house who then vote on the proposed ammendments
what is the third reading?
the final vote on the bill
what is the royal assent?
the monarch signs the bill
he cannot refuse as it is now only a symbolic stage as head of state
what happens after the royal assent?
the bill becomes an act of parliament and the commencement date is given
anagram to remember parliamentary stages of a bill
Fat - first reading
Snails - second reading
Cant - committee stage
Reach - report stage
The - third reading
Hand - house of lords
Rails - royal assent
what is the order of courts
supreme court
appeal court
crown court
magistrates court
two examples of criminal statutes
The Crime (sentences) Act (1997) - introduced mandatory minimum sentences for repeat offenders
The Dangerous Dogs Act (1991) - makes it illegal to own, sell, breed, give away or abandon specific dogs
what is judicial precedent?
when past decisions of judges create laws for future judges to follow
it is based on the principle of standing by or following what judges have decided in previous cases
a judge must follow decisions made in previous cases
why is judicial precedent good?
by treating similar cases in the same way it produces certainty, consistency and fairness in the legal system
donoghue v stevenson
mrs donoghue drank a bottle of ginger beer that had the remains of a decomposing snail in it
she fell ill and sued the manufacturer
the court decided that a duty of care was owed by the manufacturer to the woman
daniels v white
brought a bottle of lemonade and when it was drank he felt a burning reaction in his throat
the lemonade was found to have corrosive metal in it
the facts were slightly different but it was sufficiently similar for the purpose of precedent
what are the two exceptions to the precedent?
- distinguishing
- overruling
what is distinguishing?
applies when the judge finds the facts in the present case to be different enough from the earlier case to allow him or her to reach a different decision and not follow the precedent
what is overruling?
when a court higher up states that a legal decision in an earlier case is wrong and overturns it
example of a case with exceptions to a precedent
the law on marital rape
R v R (1992)
a husband was convicted of attempting to rape his wife. he appealed on grounds that there was centuries old precedent stating a husband couldn’t be found guilty of raping his wife because marriage gave a wife “irrevocable consent” to sex
court of appeal overruled this on the ground of irrevocable consent not being acceptable in today’s society
what is statutory interpretation?
where judges are called upon to interpret words/phrases within the statutes/Acts of Parliament to apply the law to cases they are judging
what courts are allowed to use statutory interpretation?
superior courts
- supreme courts
- court of appeal
what are the three statutory interpretations?
the literal rule
the golden rule
the mischief rule
what is the literal rule
literal meaning of the word
what is the golden rule?
judges will modify the meaning of the word
what is the mischief rule?
look at the intention of parliament
case example of the literal rule
DPP v Cheeseman (1990)
A man was caught masturbating in a public toilet by the police, who charged him under a law requiring the act to be witnessed by a “passenger.” However, since the police were stationed outside the toilet specifically to catch him and were not considered “passengers,” he was acquitted.
case example of the golden rule
Alder v George (1964)
A man trespassed into an RAF station, disrupting a guard on duty. The site was a prohibited place under the Official Secrets Act 1920. He argued that since he was inside the station, he wasn’t “in the vicinity” of it. The judges applied the golden rule, interpreting “vicinity” to include the site itself to prevent an absurd loophole. He was found guilty.
case example of the mischief rule
Smith v Hughes (1960)
prostitutes solicited from windows and balconies, visible to the public. The Street Offences Act 1959 made soliciting in a public place an offence. under the literal rule, the women were in private spaces and would not be an offence. But the judge applied the mischief rule, ruling that the law aimed to prevent public solicitation, regardless of location. Since the mischief occurred, they were found guilty.
