Processes For Law Making Flashcards
What is a Green Paper?
A consultative document inviting public views on proposed legislation
It serves as an initial step in the law-making process.
What is a White Paper?
A firm set of proposals for public review before becoming a draft Bill
It outlines the government’s intentions and details of a proposed law.
What is the first stage in the parliamentary process for a draft Bill?
First Reading
This stage involves a formal procedure where the name and main aims of the Bill are read out.
What occurs during the Second Reading of a Bill?
The main debate on the Bill takes place followed by a critical vote
A successful vote here indicates a strong likelihood of the Bill passing.
What is the purpose of the Committee Stage?
A group of representatives examines the Bill closely and suggests amendments
This is based on discussions from the Second Reading.
What happens during the Report Stage?
The Committee reports back to the full House and votes on proposed amendments
This stage allows for further scrutiny of the Bill.
What is the final vote on the Bill called?
Third Reading
This is usually considered a formality.
What does the term ‘ping pong’ refer to in the legislative process?
The back-and-forth between Houses until both agree on the Bill
The House of Lords can send back the Bill for amendments.
How long can the House of Lords reject a Bill?
Up to a year
After this period, the Bill can bypass the Lords if it passes through the Commons.
What is Royal Assent?
The formal approval by the monarch for a Bill to become an Act of Parliament
This stage has not been refused since the 1700s.
What is statutory interpretation?
The process by which judges interpret words or phrases in a statute
This is crucial for applying laws in court cases.
What is the literal rule in statutory interpretation?
Judges give a word or phrase its ordinary dictionary definition
Example: In Whiteley v Chappell, a dead person was not considered ‘entitled to vote.’
What is the golden rule in statutory interpretation?
Judges modify a word or phrase to prevent an absurd result
Example: In Adler v George, ‘vicinity’ was interpreted to include ‘inside.’
What is the mischief rule in statutory interpretation?
Judges look at the problem the Act aimed to prevent
Example: In Smith v Hughes, soliciting from a flat was still deemed illegal.
What is judicial precedent?
Law made by judges in courts based on their judgments
The ratio decidendi forms law that must be followed in future cases.
What is the neighbour principle established in Donoghue v Stevenson?
A duty of care from manufacturers to consumers
This case involved a claimant falling ill from a contaminated drink.
What does it mean to overrule a previous decision in judicial precedent?
A senior court updates the law by changing a previous ratio
Example: In BRB v Herrington, the Supreme Court updated the duty of care owed to trespassing children.
What is distinguishing in judicial precedent?
Deciding that the facts of a previous case differ from a new one, creating a new ratio
Example: In Merritt v Merritt, the facts differed from Balfour v Balfour, leading to a new legal principle.
