AC1.1 Processes In Law Making Flashcards
What is a Bill?
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.
What are the the two main types of Bill?
Private Bill and Public Bill
What is an example of a private Bill?
Granting a named person citizenship or a smoking ban in a certain organisation
What are the two types of Public Bill?
Government Bills and Private Members’ Bill
What is a type of Private Bill?
Personal Bill
What is a Personal Bill?
Affects one or two people and will always begin in the House of Lords
What is a Private Bill?
Intended to affect one particular area or organisation
What is a Public Bill?
Intended to affect the public as a whole
What is a Government Bill?
Steered through Parliament by a minister from the appropriate government departament
What is a Private Members’ Bill?
Sponsored by an individual MP or a peer
Give an example of a Public Bill
The Dangerous Dogs Act
Give an example of a Government Bill
Rwanda Bill
Give an example of a Private Members’ Bill
Offenders Day of Release Bill
How does a Bill start?
Starts as a petition and becomes a green paper, then a white paper and finally a proposed Bill in Parliament.
What is the process for passing a Bill through Parliament?
Consultation Stage -> First Reading -> Second Reading -> Committee Stage -> Report Stage -> Third Reading -> Other House -> Royal Assent
What happens in the Consultation Stage?
The Government makes a draft of the Bill and asks senior officials to make comments
What happens in the First Reading?
The Government tells everyone about the Bill by reading out its title in the House of Commons or House of Lords
What happens in the Second Reading?
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.
What happens in the Committee Stage?
A smaller group of MPs or many Lords look at the Bill in detail. They may make changes, called ‘amendments’, based on their discussions.
What happens in the Report Stage?
Amendments made during the Committee Stage are reported to everyone in either house. MPs or Lords may vote on these changes.
What happens in the Third Reading?
Overall consideration of the Bill in either House and final votes to decide whether it goes any further
What happens when the Bill goes to the other House?
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.
What happens during Royal Assent?
The Monarch signs off on the Bill as a new law or an ‘Act of Parliament’
What is Judge made law called?
Common Law
How can Judges make law?
Judicial precedent or statutory interpretation
What case did Donoghue v Stevenson set precedent for?
Daniels v White
What is overruling?
Overruling of a precedent when a higher court believes a lower court has made an error
Name an example case where previous precedent has been overruled
R v R - Marital Rape case
What is the Literal Rule?
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.
What are the 3 rules of statutory interpretation?
Literal Rule
Golden Rule
Mischief Rule
What is an example case of the Literal Rule involving the key word ‘passenger’? Explain the case
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
What is an example case of the Literal Rule involving a dead man voting? Explain the case
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
What is an example case of the Literal Rule involving the word ‘repairing’? Explain the case
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
What is the Golden Rule?
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
What is an example case of the Golden Rule involving an RAF base? Explain the case
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
What is an example case of the Golden Rule involving an attempt to inherit a house? Explain the case
R v Sigsworth - D murdered his mother to inherit her home, court changed the statute to prevent him inheriting the house
What is the Mischief Rule?
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
What is an example case of the Mischief Rule involving being drunk on a highway? Explain the Case
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
What is an example case of the Mischief Rule involving Prostitutes? Explain the Case
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
What is an example case of the Mischief Rule involving abortion? Explain the Case
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
