How is the law made?

Question 1

What are the 3 sources of law?

Answer 1

1) European Law
2) Parliament
3) The courts

Question 2

What does the source of law mean?

Answer 2

The process by which the law comes into existence

Question 3

How is direct legislation created?

Answer 3

The passage of bill through the House of Commons and House of Lords and then gaining Royal Assent.

Question 4

How is indirect legislation created?

Answer 4

By another body which has been given the power to create legislation under the enabling act.

Question 5

What powers do parliament have when it comes to laws?

Answer 5

The power to enact, revoke or alter any law it sees fit.

Question 6

What are the various stages (in both the House of Lords and House of Commons) that a bill has to go through to become law?

Answer 6

Starts in either House of Commons/ House of Lords
First reading
Second reading
Committee stage
Report stage
Third reading

Then goes to either House of Lords/House of Commons
First reading
Second reading
Committee stage
Report stage
Third reading

Consideration of amendments

Royal Assents

Question 7

What is the First reading?

Answer 7

The title of the Bill is read out in the Main Chamber of the House of Commons/ House of Lords. Its a notification to MPs and allows them to get copies of the bill.

Question 8

What is the second reading?

Answer 8

The government minister explains it to the House, and the principles of the Bill are debated by the House. At the end a vote is taken as to whether the bill should proceed.

Question 9

What is the Committee stage?

Answer 9

The Bill is examined and discussed in detail by a committee of the House of Commons.

Question 10

What is the Report stage?

Answer 10

The committee reports back to the House and any proposed amendments are debated and voted upon

Question 11

What is the Third Reading?

Answer 11

The bill is re-presented to the House. A vote is taken on whether to pass the Bill or not.

Question 12

What is the Third Reading?

Answer 12

The bill is re-presented to the House. A vote is taken on whether to pass the Bill or not.

Question 13

What is the Transfer of the Bill to the House of Lords/House of Commons?

Answer 13

The Bill is transferred to the other House where is will undergo a similar process. It passes between the two Houses until agreement on the exact wording of the Bill is reached.

Question 14

What is Royal Assent?

Answer 14

The monarch must give their consent to all bills before they can become law.

Question 15

When does an Act of Parliament come into force?

Answer 15

The Act may state the date it comes into force or the Act may state that it’ll come into force on a ‘date to be specified’

Question 16

What is Delegated legislation?

Answer 16

This is legislation that is made by bodies outside parliament.

Question 17

What are the three main types of delegated legislation?

Answer 17

1) Orders in Council
2) Statutory Instruments
3) Byelaws

Question 18

What are the advantages of Delegated Legislation?

Answer 18

1) Saves Parliamentary time
2) Specialist knowledge which the average MP may not have
3) Flexible
4) Can be created outside of parliamentary time
5) Can be amended or repealed easily and quickly

Question 19

What are the disadvantages of Delegated legislation?

Answer 19

1) Parliament is removed from the process
2) Difficult to keep track of changes
3) Can be difficult to fully understand what is being enacted
4) Excessive legislation is passed

Question 20

What is Case Law/Common Law

Answer 20

Law made by the courts.

Question 21

What is a judges role when it comes to the law?

Answer 21

A judges role is to interpret the words of the statute and there are several aids that exist to help with their process.

Question 22

What are the 3 main resources that Judges have to assist their interpretative function?

Answer 22

1) Intrinsic aid
2) External aid
3) Judicial principals of statutory interpretation

Question 23

What is intrinsic aid?

Answer 23

Aids to interpretation that are in the statute itself

Question 24

What is external aid?

Answer 24

Materials which are not part of the statute itself

Question 25

What are the four different approaches of Judicial principles that have been developed?

Answer 25

1) The contextual approach
2) The literal rule
3) The golden rule
4) The mischief rule

Question 26

What is the contextual approach?

Answer 26

Where the word is placed in context

Question 27

What is the literal rule?

Answer 27

Words meaning is adopted

Question 28

What is the golden rule?

Answer 28

The court applies the least ridiculous meaning to avoid absurdity

Question 29

What is the mischief rule?

Answer 29

The words of a statute are interpreted to avoid the mischief intended

Question 30

What did Pepper v Hart (1993) establish?

Answer 30

Hansard may be consulted by the courts if all the following circumstances exist:
- The disputed legislation is ambiguous or obscure
- The Hansard extract consists of statements made by the relevant minister
- The meaning of the extract is clear

Question 31

What are statutes?

Answer 31

Acts of Parliament

Question 32

What is the Enabling Act?

Answer 32

A statute that empowers a person or body to take certain action, especially to make regulations, rules or orders

Question 33

What is a Bill?

Answer 33

An act passing through parliament

Question 34

What is an amend?

Answer 34

Make minor changes