Law Making Flashcards
3 influences on parliament
- Political influence
- Public opinion/media
- Lobbyists
Green paper
When a new law is proposed the department will issue a green paper which will outline the government’s proposal, it invites interested groups to comment on this
White paper
When all the comments are considered, a white paper is published. This sets out the firm proposals of what the new law will entail.
Types of Bills
Act of parliament- official government proposal for a new law (Act of parliament). Drawn up by civil servant lawyers.
Private members Bill- can be introduced by any MP or lord and is voted on in the House of Commons
How does a bill become law
First reading- minister reads our proposal to house and after that white paper Is produced
Second reading- first chance for MP’s to debate the bill (timed)
Committee stage- specialist MP’s in the area (e.g health or education) suggest amendments and then these are read out to the house
Third reading - Last chance to debate and a vote is taken
Finally it goes to the Queen for royal assent -> New law (Act)
What is delegated legislation
It is a law made by some person or body, other than parliament. However it has the authority of parliament under the ‘Parent Act’.
The 3 types of Delegated Legislation
Order in council - Made by the Queen and the privy council (cabinet). Have the power to make laws without going through parliament. (Eg National Emergencies (COVID))
Statutory instruments - Rules and regulations that can be issued by ministers in their department (e.g Home Secretary, education secretary, health secretary)
By Laws - Laws made by local authorities (councils) that only apply to that specific area.
What is statutory interpretation
The process of interpreting statutes (Act of parliament) by judges.
Mischief rule
Used to deal with unseen loopholes. For example Smith v Hughes. Prostitution was illegal on the streets so D shouted from the window offering services but was still guilty as they were still offering it in a public place.
Hansard
Written document of every word said in parliament since 1803
Intrinsic aids to interpretation
Explanations within the act itself to make it clear. They range from the long and short title, to marginal notes explaining specific sections.
Extrinsic aids
Sources outside the act that can assist in it’s interpretation. For example dictionaries at the time the act was passed. Also Hansard.
Judicial precedent
Where past decisions made by judges creates laws for future judges to follow. This can only be done in the high court, court of appeal and Supreme Court.
Who are the law commission
Set up in 1965, they keep law under review and develop and reform the law. They can also repeal (delete) laws previously made.
Main reasons for law reform
. To adapt to new society
. May require old ones to be cancelled
. May face pressure from pressure groups and law commission
