Ac1.1 Law Making Procceses Flashcards
Stage one of Goverment law making procedures
Green Paper- Before putting a bill before parliament, the goverment usually publishes a green paper. This is an initial report to provoke a public discussion of the subject. It often includes questions for interested individuals and organisations to response.
Stage two of Goverment law making procedure
White paper- After the consultation, the goverment publishes a white paper.
This is a document setting out their detailed plans for legislation, it often includes a draft version of the Bill they intend to put before parliament.
Stage three of Goverment law making procedures
First Reading- the Goverment introduces the bill into the commons, where it receives its first reading.
This is just a formal announcement of the bill and it is followed by a vote to allow it to the next stage.
Fourth level in Goverment law making procedures
Second reading- The main principles of the Bill are considered and debated by the whole of the House of Commons and a vote is taken.
The Goverment will usually win this vote, if they do it goes to the next stage.
Fifth level of Government law making procedures
The committee stage- The ill is now examined in detail line by line by a small committee made up of MPs from different parties.
The committee will report back to the whole house and will often propose amendments to the Bill.
Sixth stage of Goverment law making procedures
The report stage- Gives MPs an opportunity to consider the committees report and to debate and vote on any amendments they might wish to make to the bill.
For major bills, the debates may be spread over several days.
Seventh level of Goverment law making procedures
Third Reading- The report stage is normally followed immediately by a third reading of the bill.This is the final chance for the commons to debate the bills contents.
No amendments are allowed at this stage, the house either votes to pass or reject the bill.
Eighth level of Government law making procedures
The lords, after the third reading te bill goes to the House of Lords where it does through the sae stages as the commons.
If the lords have a,ended the bill it must return back to the commons so that the MPs can decide whether to accept or reject the lords amendments.
The House of Commons has the final say as it is made up of the elected representatives.
Final level of Goverment law making procedures
Royal assent- once the bill has passed both the House of parliament it goes to the monarch for signing, known as the royal assent.
This is the monarch agreement to make the bill into an act of parliament or law and is a formality.
The new law will come to force immediately unless the act specifics a later date (commencement order)
Criminal just act 2003
Introduced a change in the double jeopardy L rule following Ann Mings successful campaign and the recommendations of the macpherson report of the murder of Stephen Lawrence. The change enabled the killer of Julie Hogue and two suspects of Stephen Lawrence to be re-tried, convicting all of them.
The crime sentences act 1997
Introduced mandatory minimum sentences for a range of repeat offenders such as automatic life sentences for a second serious sexual or violent offence.
What happens when laws are rushed?
Dangerous dog acts 1991- rushed making after two dog incidents however the identification of the type of dog was never identified to public so didn’t know what made them dangerous.
How can senior judges make laws through
1- Judiciary precedents
2-Statutory interpretations
Judiciary precedent
A type of law making where past decisions of judges create laws for future judges to follow, the principle of standing by means that judges follow what has been decided in previous cases where the point of law is the same.
Treating cases in the same was creates certainty,consistency and fairness in the legal system.
Judiciary decisions without precedents
When there is no precedents the judges must make a decision and give an original precedents.
Donoghue v Stevenson (1932)
Two friends visited a cafe, one drank from a. Bottle of ginger beer that contained remains of decomposing snail. The women fell inn and sued the manufacturer, she won the case, the court decided that a duty of care was owed by the manufacturer to the woman, known as the neighbour principle this case founded the modern day law of negligence.
Daniels v white 1938
Bought a bottle of lemonade and when she drank it felt burning in his throat as it was found to contain corrosive metal in it. The case of Donoghue v Stevenson was used when suing for compensation although the facts where slightly different t was similar for the purpose of precendent.
Higher vs lower courts
Decisions made by higher courts automatically create a binding prevendita for all lower courts.
What does distinguishing mean?
Precedents can only be binding if the principle of a case is the same and the facts are similar.
What does overruling mean?
Higher courts can over over turn a decision and set a new precedent,e.g R V R 1991 martial rape
What does reversing mean?
A higher court changes a decision made in a lower court on appeal.
Law on marital rape
The R V R 1991 removed the legal exemption for the rape in marriage in England and Wales, the case involved a husband who was accused of raping his wife which he argued wasn’t possible as their sexual relations where consented by nature.
The House of Lords decisions determined that under English criminal law it is a crime for a husband to rape his wife.
Statutory interpretation - what is it?
A second way a judge makes laws
When words are unclear to a judge what must they do?
Interpret it
