AC1.1- Processes used for law making, Judicial and Government Flashcards
Revision
Statutory Interpretation
A superior court judge that will interpret the meaning of a word or phrase.
The Literal Rule+ Example
Literal meaning of the law.
EXAMPLE: Law states “No vehicles in the park.” A man is fined for riding a motorized wheelchair in the park.
Statute
A written law passed by parliament.
The Golden Rule+ Example
Judges can modify/extend the meaning when literal meanings lead to an absurd result.
EXAMPLE: A will sates that money should go to the testator’s “wife and children.” The man was unmarried but had a fiancée.
The Mischief Rule+ Example
What it intends to achieve, rather than what the words actually say.
EXAMPLE: A law prohibits “using houses for gaming.” A person operates an online gambling business from home.
Judicial precedent
Where past decisions of judges creates laws for future judges to follow.
Explain the events of Donogue V Stevenson 1928-1932.
One friend brought a bottle of ginger beer from a café and it had a decomposing snail in it. The woman sue the manufacturer and won the trial.
The manufacturer had a duty of care to the woman. Case founded the modern day negligence law.
Explain the events of Daniels V White 1938
A man drunk a bottle of lemonade which was found to having corrosive metal in it. At trial the Donogue V Stevenson case was used for the purpose of precedent here when suing.
Stages of law making process.
Green Paper
White Paper
First reading
Second reading
The committee stage
The report stage
Third reading
The Lords
Royal assent
How are new laws created?
1- A bill is proposed.
2- A green paper is published, outlining the plan of the law. The public can discuss this.
3- A white paper is published, with a firmer plan. The person currently in charge of New Laws will present it for debate.
4- The name of the bill and it’s main aims are read in the first reading and a formal vote is taken.
5- The main debate takes place followed by another vote, this is the second reading.
6- A chosen group of committee representatives look closely at the bill addressing any issues and suggest amendments.
7- The committee report back to the full House who will then vote on the proposal.
8- The last reading and final vote on the bill.
9- The Lords will also go through this process so they have two opinions.
10- If agreed by both, the monarch will be given the bill to sign, they cannot refuse it as it is a symbolic stage.
Examples of laws/statutes.
Criminal Justice Act 2003- introduced a change in the double jeopardy rule after Stephen Lawrence case.
The Crime (sentences) Act 1997- Introduced mandatory minimum sentences for a range of repeat offenders.
