AC1.1 Processes In Law Making

Question 1

What is a Bill?

Answer 1

A Bill is a proposed legislation under consideration by a legislature. It does not become law until it is passed by Parliament. It must also have the approval of both houses.

Question 2

What are the the two main types of Bill?

Answer 2

Private Bill and Public Bill

Question 3

What is an example of a private Bill?

Answer 3

Granting a named person citizenship or a smoking ban in a certain organisation

Question 4

What are the two types of Public Bill?

Answer 4

Government Bills and Private Members’ Bill

Question 5

What is a type of Private Bill?

Answer 5

Personal Bill

Question 6

What is a Personal Bill?

Answer 6

Affects one or two people and will always begin in the House of Lords

Question 6

What is a Private Bill?

Answer 6

Intended to affect one particular area or organisation

Question 7

What is a Public Bill?

Answer 7

Intended to affect the public as a whole

Question 8

What is a Government Bill?

Answer 8

Steered through Parliament by a minister from the appropriate government departament

Question 9

What is a Private Members’ Bill?

Answer 9

Sponsored by an individual MP or a peer

Question 10

Give an example of a Public Bill

Answer 10

The Dangerous Dogs Act

Question 11

Give an example of a Government Bill

Answer 11

Rwanda Bill

Question 12

Give an example of a Private Members’ Bill

Answer 12

Offenders Day of Release Bill

Question 13

How does a Bill start?

Answer 13

Starts as a petition and becomes a green paper, then a white paper and finally a proposed Bill in Parliament.

Question 14

What is the process for passing a Bill through Parliament?

Answer 14

Consultation Stage -> First Reading -> Second Reading -> Committee Stage -> Report Stage -> Third Reading -> Other House -> Royal Assent

Question 15

What happens in the Consultation Stage?

Answer 15

The Government makes a draft of the Bill and asks senior officials to make comments

Question 16

What happens in the First Reading?

Answer 16

The Government tells everyone about the Bill by reading out its title in the House of Commons or House of Lords

Question 17

What happens in the Second Reading?

Answer 17

Main debating stage where all MPs or Lords can discuss the Bill, ask questions and vote on it. It can be voted out at this stage.

Question 18

What happens in the Committee Stage?

Answer 18

A smaller group of MPs or many Lords look at the Bill in detail. They may make changes, called ‘amendments’, based on their discussions.

Question 19

What happens in the Report Stage?

Answer 19

Amendments made during the Committee Stage are reported to everyone in either house. MPs or Lords may vote on these changes.

Question 20

What happens in the Third Reading?

Answer 20

Overall consideration of the Bill in either House and final votes to decide whether it goes any further

Question 21

What happens when the Bill goes to the other House?

Answer 21

The Bill goes to the other House, which may suggest amendments. If disagreements arise, it is sent back and forth in a process called ‘ping pong.’ After two rounds without agreement, the Commons can pass the law without the Lords’ approval.

Question 22

What happens during Royal Assent?

Answer 22

The Monarch signs off on the Bill as a new law or an ‘Act of Parliament’

Question 23

What is Judge made law called?

Answer 23

Common Law

Question 24

How can Judges make law?

Answer 24

Judicial precedent or statutory interpretation

Question 25

What case did Donoghue v Stevenson set precedent for?

Answer 25

Daniels v White

Question 26

What is overruling?

Answer 26

Overruling of a precedent when a higher court believes a lower court has made an error

Question 27

Name an example case where previous precedent has been overruled

Answer 27

R v R - Marital Rape case

Question 28

What is the Literal Rule?

Answer 28

Gives all the words in a statute their ordinary and natural meaning at the time the law was written. The Literal meaning is followed, even if outcomes are absurd.

Question 28

What are the 3 rules of statutory interpretation?

Answer 28

Literal Rule

Golden Rule

Mischief Rule

Question 29

What is an example case of the Literal Rule involving the key word ‘passenger’? Explain the case

Answer 29

Cheeseman v DPP - Man masturbating in a public toilet, 2 officers situated in the toilet to catch him, literal Rule meant that the police officers were not ‘passengers’ as the law dictated they must be

Question 30

What is an example case of the Literal Rule involving a dead man voting? Explain the case

Answer 30

Whiteley v Chappel - Defendant posed as a dead person to vote, Statue required that a person to have acted as a living person, literal Rule led to an acquittal

Question 31

What is an example case of the Literal Rule involving the word ‘repairing’? Explain the case

Answer 31

London & North Eastern Railway Co v Berriman - Claimant’s husband hit and killed by a train whilst oiling the tracks, to be liable husband had to be repairing or relaying the tracks as per the statute, oiling was not classed as ‘repairing’, court rejected the case

Question 32

What is the Golden Rule?

Answer 32

The Golden Rule will look a the wording of a statute and give it a wider definition to cover what Parliament intended it to cover

Question 33

What is an example case of the Golden Rule involving an RAF base? Explain the case

Answer 33

Adler v George - Defendant was on a RAF airbases to protest against military action, Under S3 of the Official Secrets Act, it was an offence to obstruct HM forces in the vicinity of a prohibited area, D tried to claim he wasn’t in the ‘vicinity’ of the base but got slammed anyways

Question 34

What is an example case of the Golden Rule involving an attempt to inherit a house? Explain the case

Answer 34

R v Sigsworth - D murdered his mother to inherit her home, court changed the statute to prevent him inheriting the house

Question 35

What is the Mischief Rule?

Answer 35

Judges aim to identify and remedy the “mischief” or problem the law was designed to address, focusing on the law’s intent rather than its literal wording. Closes loopholes

Question 36

What is an example case of the Mischief Rule involving being drunk on a highway? Explain the Case

Answer 36

Corkery v Carpenter - S12 of the Licencing Act made it illegal to be drunk and in charge of a ‘carriage’ on the highway, D was on a bicycle on a highway and was arrested

Question 37

What is an example case of the Mischief Rule involving Prostitutes? Explain the Case

Answer 37

Smith v Hughes - Illegal to solicit on public streets, Ds claimed they had not been on public streets but were on private balconies and windows, court used the Mischief Rule and they were found guilty

Question 37

What is an example case of the Mischief Rule involving abortion? Explain the Case

Answer 37

Royal College of Nurses v DHSS - Only a medical professional could legally carry out abortions under the Abortion Act 1967, This case changed the statute and nurses were made able to carry out abortions