AC1.1 (gov & judiciary law making)

Question 1

How do governments make laws?

Answer 1

-bills are presented by MPs in the House of Commons
-House of Lords double check bills presented by HoC, consists of peers & bishops

Question 2

What are the parliamentary stages of a bill?

Answer 2

-green paper contains initial report, provokes public discussion
-white paper contains detailed plans
-first reading and second reading involve debates and votes
-committee stage, bill examined by a small group of MPs
-report stage, debates content of committee edits
-third reading, no amendments either accept or reject
-House of Lords receive bill & same stages (ping pong)
-Royal assent

Question 3

How do judges make laws?

Answer 3

statutory interpretation and judicial precedent

Question 4

What is judicial precedent?

Answer 4

-laws are created based on past decisions of judges for future judges to follow
-rules set by higher courts apply to lower ones
case: Donoghue V Stevenson, faulty product resulted in law of negligence & neighbor test. Used in Daniels V White case

Question 5

What are the exceptions to precedent?

Answer 5

Distinguishing: precedent from earlier cases only applies if the facts are similar in both cases. This allows judge to reach a different decision
Overruling: Higher court decides a legal decision made in the past is wrong and overturns it, e.g appeals

Question 6

What is Statutory Interpretation?

Answer 6

-judges interpret meanings of statutes and apply them to cases
3 rules:
literal- use ordinary meaning of words, although these can sometimes have multiple meanings
golden- if the literal rule can’t be used
mischief- allows court to enforce what the statute intended rather than what the words say