processes used for law making Flashcards
first reading
name and aims of the bill is announced
formal vote is taken
second reading
the main principles of the bill are considered and debates and votes are taken place.
committee stage
the bill is looked at in details by MPs from different parties and critique the bill
report stage
gives the MPs the opportunity to look at the commitee’s report and will debate and vote on any admendments.
the third reading
the final vote is taken
no admendments are allowed in this stage
the lords
all stages are then taken in the other house until the bill is agreed on
royal assent
the monarch signs the bill
it is then an official Act Of Parliament
judicial precedent
when the decisions of the judge in a case create law for future judges to follow.
this is based on the principles of standing by a decision
case examples of judicial precedent
Donughue v Stephenson (1932)
Drank a bottle of Ginger Beer and found a decomposing snail in it.
The women fell ill and sued the manufacturer.
The court decided the duty of care was the manufacturers.
Daniels v White (1938)
Claimant bought a bottle of lemonade and drank it.
He then had a reaction to it, lemonade had corrosive metal in it.
The case of Donoghue v Stevenson was used when suing, as it had set a precedent.
statutory interpretation
this is when judges from the superior courts have to explain words or phrases to the lower court judges
They have various rules and aids to help them do this, they can interpret it how they see fit.
case study example of statutory interpretation
Whiteley v Chappell (1968)
The defendant was charged with an offence of impersonating any person entitled to vote.
The defendant had impersonated a dead person on the voter list.
The court held the defendant was not guilty since a dead person is not ‘entitled to vote’.
