AC1.1 UNIT 4 Flashcards
UNDERSTAND THE CRIMINAL JUSTICE SYSTEM IN ENGLAND AND WALES
what is a statute?
an act of parliament that has been through the various law making stages in parliament
Binding precedent
a law that must be followed and binds all courts and institutions
Parliamentary supremacy (sovereignty)
laws that are made by parliament are supreme over any other sources of law; this means they must be followed
what are the two main ways that law is made in England and wales
statues ( acts of parliament) and through common law ( judge made law)
what does binding precedent mean
the court has to follow if they exist as laws made like this have parliamentary supremacy meaning thru supreme over all other laws
what happens if no acts of parliament exist
the judges are free to make their own laws this is called common law
house of commons
everyone in the house of commons have been democratically elected other than the speaker. there are 650 mps in house of commons and they debate new laws which are I the process of being passed. the colour of the seats are green this represents democracy and freedom
government
helps the prime minister run the county, ts made uo of 100 ministers. the government is formed from the party that has the most seats in the house of commons
cabinet
approximately made up of 20 ministers, they have separate meetings to everyone else. Each of the minsters is responsible for a particular issue.
House of Lords
seats are red this signifies wealth and money. The queen can also sit in this section as they has a gold thrown made for her, however she cannot sit in the house of commons. the house of lords role is to make acts of parliament with the house of commons and the queen. the house of lord are not elected they have a salary usually made up of senior judges, bishops from church of England.
monarch
signs any bills once the queen has signed it, she can however refuse to sign an act of parliament.
parliament
made up of three chambers, house of commons house of lords and the queen- the three have to be present to make up parliament. the role of parliament is to make laws and regulates the government (doing its job properly)
what influences on law making exist
tragic incident occurs making parliament recognise there needs to be laws to prevent these incidents from occurring.
Campaign for change
petitions- makes parliament realise what the people want
pressure groups
lobbying
what campaign methods are used to make a change
radio, newspapers, leaflets and posters, television, internet, social media, music, coffee mornings or community centre meetings.
what is green paper
start of the legislative process, outline of the proposal sent out to parties that are affected by the proposed law, they ask for there feedback.
what is white paper
firm proposal for the bill based on the feedback
what is a public bill
its the most common type of bill, its the main way of making a statute it aims to affect the majority of the public, the majority of the MPs will vote in favour because they have the most seats.
private bill
this is usually proposed by a local authority, or large public company. it only affects the sponsor as its private to them, for example the local authority may want to build a highway.
private member bills
produced by someone who is not in the government. members of house of lords can also introduce a private members bill. MPs who want to put forward the private members bill have to enter a ballot to win the right to and they than have to pursued the government to allow enough parliamentary time for the bill to go through. E.G the abortion act.
hybrid bills
this is a cross between public bills and private bills. only affects particular person, organisation or place. it is introduced by the government.
which type of bill most likely to be successful
public bill because introduced by the government and they have more seats om the house of commons which means more support and more chance of passing the bill.
