PROCESSES USED FOR LAW MAKING Flashcards
What are the two types of law making
- Governmental
- Judicial
What are the EIGHT stages of parliamentary law making
- Pre Publication
- First Reading
- Second Reading
- Committee Stage
- Report Stage
-Third Reading - The House of Lords
- Royal Assent
Outline PRE PUBLICATION
A bill is presented and this will propose a new law. Initially starts as a green paper which will provoke discussion of the topic. After public consultation, the government will publish a white paper, and this lays out the plans for the legislation.
Outline the FIRST READING
This is a formal introduction of the bill and its title and aims are read out. A vote is taken to decide if it should pass onto the second reading.
Outline the SECOND READING
This includes the main debate of the topic. A majority vote will allow for further deliberations. This happens by having MP’s pass through the ‘Aye’ or ‘No’ door. The speaker will announce who won after votes are counted.
Outline the COMMITTEE STAGE
The standing committee, composed of 16-50 MP’s from different parties, examines the bill and amendments are made. The MP’s will be experts in specialist fields relating to the bill, e.g. education.
Outline the REPORT STAGE
Amendments made in committee stage are reported back to the house, debated and voted on.
Outline the THIRD READING
Usually follows after the report stage and is the final chance to debate the contents of the bill. No amendments can be made and the bill will be voted on to be passed or rejected.
Outline THE HOUSE OF LORDS
If bill passes, it is sent to the House of Lords to go through the same stages as in the House of Commons. If amendments are made, bill is sent back to House of Commons so they can have the final say.
Outline ROYAL ASSENT
King / Queen gives approval to the introduction of the bill. They have no legal or political power in the formation of laws, however their royal assent is more of a tradition / formality.
Give one example of a law made by governmental processes
(Dangerous Dogs)
The Dangerous Dogs Act 1991: Prohibits certain types of dog and makes it a criminal offence to breed any dog to be considered dangerously out of control.
This law was recently amended in February 2024 to include XL bullies.
What is judicial precedent
When a judge’s decision creates law for future judges to follow when there is no guidance from Parliament.
What is a benefit of judicial precedent
Supports the idea of a fair trial and provides consistency of law application so that similar cases are treated the same way.
Give one example of judicial precedent
(Donoghue v Stephenson / Daniels v White)
D v S established the law on negligence against the manufacturer after a woman became ill after drinking a bottle of ginger beer with a decomposed snail at the bottom.
This precedent was followed in D v W where a corrosive metal was found in a bottle of lemonade and the man who drank it had a burning reaction. The claimant was able to sue due to the precedent set beforehand.
Can judicial precedent be overruled?
Give an example
On rare occasions, previous laws can be overturned to ensure a fair trial. This happens when a higher court (e.g. Supreme court) believe the law is wrong.
E.g. R v R was a centuries old law that a man cannot be guilty of raping his wife as the marriage contract gives ‘consent’ to sex, and this was overturned.
What is statutory interpretation
Judges can make laws by the way the statues are interpreted.
what are the THREE interpretation rules
- The Literal rule
- The Golden rule
- The Mischief rule
Outline the LITERAL rule.
Give an example (LNE Railway v Berriman)
Judges should use the everyday, ordinary meaning of the words in a statute when interpreting a law. Statute is interpreted at FACE VALUE.
E.g. The LNE Railway v Berriman occurred when Berriman was killed when ‘oiling’ the railway, which was seen as ‘maintaining’ and not ‘repairing’ the railway. His family got no compensation.
Outline the GOLDEN rule.
Give an example (Alder v George)
When the literal rule can lead to an absurd result, the golden rule allows judges to modify the meanings of a statute. Statute is interpreted in the judges OWN WAY.
E.g. Under the Official Secrets act (1920) it is an offence to obstruct a prohibited space. In A v G, Alder had broken into a naval base as an activist to demonstrate, and he claimed being ON the base not ‘the vicinity’ as the act stated. His case was thrown out.
Outline the MISCHIEF rule.
Give an example (Corkey v Carpenter)
This allows the court to enforce what the statute was intended to achieve rather than what it actually says. Statute is interpreted to apply to PRESENT DAY.
E.g. The Licencing act (1872) states it is an offence to be drunk in charge of a ‘carriage’. In C v C, Corkey was convicted for riding a bike when drunk, arguing the act meant to refer to any form of transport when drunk, not just ‘carriages’.
