Law Making

Question 1

There are 3 ways in which law is made

Answer 1

• The monarch
• The House of Commons
• The House of Lords

Question 2

The monarch

Answer 2

• a ceremonial figurehead
• a theoretical source of executive power
• enjoys a right to be consulted during the law-making process
• enjoys a right to ‘encourage’
• enjoys a right to warn

Question 3

The House of Commons

Answer 3

• 650 members of parliament (MPs) are selected via a general election at least every 5 years by the public to represent them.
• responsible for making laws (legislation)
• debating current issues (representation)
• scrutinising the government

Question 4

The House of Lords

Answer 4

• approximately 92 hereditary peers, 700 life peers, 26 senior Church of England bishops
• the second chamber of parliament responsible for examining bills, questioning government and investigating public policy
• 12 most senior judges previously sat in the lords, but now sit in the Supreme Court

Question 5

Green paper

Answer 5

A consultative document issued by government, putting forward proposals for law reform. Will often be an ‘invitation’ for suggestions and feedback.

Question 6

White paper

Answer 6

A document issued by government, stating its decisions as to how it plans to proceed in reforming the law. This is for information, not consultation.

Question 7

Formal legislative process

Answer 7

While a new law makes its way through the formal stages of becoming an act of parliament, it is known as a bill.

Question 8

Government bill

Answer 8

Affects the whole country.

Question 9

Private member’s bill

Answer 9

Introduced by an individual MP and affects the whole country.

Question 10

Private bill

Answer 10

Affects a particular organisation, person or place.

Question 11

Hybrid bill

Answer 11

Introduced by the government but only affects an organisation, person or place.

Question 12

Statutory interpretation

Answer 12

How judges interpret the language used in acts of parliament so that they can be sure what parliament intended.

Question 13

Why might interpretation be necessary?

Answer 13

1) A term used in an act may be too broad - can lead to lack of consistency in how it’s used by judges.
2) A term used in an act can have more than one meaning, which is ambiguous.
3) A drafting error can take place when the act gets written down.
4) Technological developments over time means that the wording used when acts were first drafting now need modernising and updating.

Question 14

Helping judges

Answer 14

Internal aid - aid from anything attached to the document or legislation
External aid - aid from something more removed from the law but still useful