Processes of Law Making unit 4 Flashcards
What are the 12 stages in the governments process of law making?
green paper white paper bill 1st reading 2nd reading committee stage report stage 3rd reading other house / pingpong act royal assent act of parliament / law
what is the purpose of the green paper?
to consult the public on the new law.
what is the purpose of the white paper?
white paper proposes the possible new law. Formal proposal for reform.
1st reading
Bill name read out and its aims. Vote is taken.
2nd reading
main debate takes place and another vote.
committee stage
chosen group of representatives look closely at the bill and address any issues, also suggest amendments.
report stage
committee report back to the full House who then take a vote on the proposed amendments.
3rd reading
final vote taken on the bill.
other house / pingpong
All above stages are repeated in the other house where ping ponging takes place. Ping ponging is when the bill moves between the 2 houses when amendments have been made so that the amendments are agreed upon by both houses.
royal assent
monarch signs the bill
Act of Parliament
Law / legislation
what are the 2 judicial processes of law making?
statutory interpretation and judicial precedent.
What is judicial precedent?
When a case appears in court and the judge has to make a judgement on it. This judgement forms the law so has to be followed in similar cases in the future.
What are the 2 examples of judicial precedent?
Donoghue V Stevenson (1932) - A woman becomes ill after drinking a drink that she bought from a cafe. The drink was found to contain the remains of a decomposing snail. She fell ill. The woman sued the manufacturer and won her case.
Daniels V Whites (1938) - Claimant bought a bottle of lemonade and when drunk, they felt a burning sensation in their throat. Lemonade was found to have a corrosive metal in it. The case of Donoghue V Stevenson (1932) was used when suing for compensation.
What is the example for statutory interpretation?
R V R ( 1991) -This case was the first case in which a judge decided to include marital rape within the laws of rape. The judge chose to interpret the law on rape in a new way. The man had raped his wife.
