Topic 2 - Creating Laws Flashcards
Statutory Law
Statutory law is passed by parliament when a bill is proposed in the House of Commons which is approved by the House of Lords and sanctioned by the crown as an act.
Case Law
Case law is when a member of the judiciary makes a ruling on a case which sets a precedent for all other courts.
Before Government
Green Paper - published by government department to provoke discussion
White Paper - governmental department publishes paper outlining consultation
House of Commons
First Hearing: the bill is announced, initial vote held
Second Hearing: the bill is debated and the second vote is held
The committee stage - committee of ups examine the bill in detail and make appropriate changes
The report stage - the committee report back to HoC, and vote on any changes made in the committee changes
Third Stage - this is where the final hearing is heard and voted
House of Lords
- the bill goes through the same steps but in House of Lords
- if amendments suggested it goes back to the House of Commons otherwise known as “ping pong”
- if accepted by House of Lords, it can proceed to royal assent
Royal Assent
- if both the House of Commons and Lords pass the bill, it goes to the royal assent to be approved by the monarch
Judicial Precedent
This is when a judge makes a ruling in certain cases in ones that have a grey area in the law which sets a precedent for future cases
Statutory Interpretation
This is when a new law is created via interpretation a statue. Judges can modify the literal words of the statute to create a new law.