AC1.1 - Law Making Flashcards
What is parliament?
A group of people who have been given democratic right to make laws
Made up of three groups:
1. House of commons
2. House of lords
3. The Monarch
What is consultation and debate?
A law starts of as a bill which is introduced into parliament where it will be debated and consulted on, going through numerous stages
What is governmental legislation?
Online safety bill?
Starts with what is called a Green paper which allow for inside and outside feedback. It then lead to white paper which is a draft version of the bill allowing for more discussion. e.g online safety bill - aims to regulate online platforms and protect users from harmful content.
Stages of becoming a law?
- First reading
- Second reading
- Committee stage
- Report stage
- Third reading
- House of Lords
- Ping-pong
- Royal assent
What is the first reading?
Bill is introduced and a vote is taken
What is the second reading?
A main debate is taken on the bill and another vote is taken
What is the committee stage?
a small group looks closely at the bill and makes suggestions
What is the report stage?
MPs consider changes and vote on amendments and suggestions
What is the third reading?
Final change for the house to reject of pass the bill
What happens in the House of Lords?
The same steps will be taken. if amendments are not made it will be sent back to the house of commons
What is ping-pong?
The bill is sent back and forth to reach an agreement
What is royal assent?
Coronavirus act 2020?
The monarch signs the bill off
Coronavirus act - went through multiple readings and debates in both the house of commons and lords before receiving the royal assent.
What is judicial precedent?
Lower courts must follow decisions taken by higher courts.
Higher status judges are more likely to set legal precedent for other judges
Example of judicial precedent?
Donaghue v Stevenson (1932)
Daniels v White (1938)
DvS - a woman became ill after drinking ginger beer with a decomposing snail in it and sued the company
DvW - claimant was hurt when drinking a bottle of lemonade which had a corrosive metal in it.
Both are very similar so set a precedent for how the case should be dealt with.
What is statutory interpretation?
Rules?
Where judges interpret statues or acts of parliament.
1. Literal rule
2. Mischief rule
3. Golden rule
