Processes Of Law Making Flashcards
What is the government process of law making?
Public discussions in form of green paper which is then followed by a firmer proposal of white paper. A bill is then presented to parliament which follows a series of stages naming the bill and its aims which is shown in the House of Commons and House of Lords. The House of Commons and House of Lords must both agree and once they both do the royal assent occurs and the monarch signs it making it an Act of Parliament.
What is the judicial processes of law making?
Judicial precedent = when a case appears before them they must make a judgement which forms the law. Must be applied consistently in future cases that are similar.
Statutory interpretation = when judges interpret words or phrases in a statute. A judge has a variety of rules that can be used to aid interpretation eg. Literal rule
What does gaps in the law mean?
A gap in the law is when there is no law within a new case presented in court. To apply a law to this judicial precedent and statutory interpretation would be required to create a law for the case and then it will be applied in the future.
