Unit 4 1.1 Flashcards
What is the government process
The legislative process in the uk begins with a proposal for a new law or an amendment to an existing one which gets presented as a bill.
Bills can originate from various sources including the government, individual mps (private members bill) or public bodies.
However there are several stages a bill must go through before becoming a law
Where are the majority of laws in England and wales made in
In parliament by a process of consultation, debate and voting
What happens if a new law is getting considered
It starts with a public consultation with the form of a green paper and then a white paper with formal proposals of reform is produced.
This then allows a draft act called a bill to be introduced to parliament
What is the stages of a bill becoming a law
It begins its journey in one of the houses
- First reading- the bill is introduced to the House of Commons or lords and the title is read out, but there is no debate
- Second reading- the Bernal principles of the bill is debated and members vote on whether to proceed
- Committee stage- a committee examines the details of the bill and then may suggest some amendments to be made
- Report stage- the committee then reports back to the house with any of the amendments which are then debated and voted on
- Third reading- the final version of the bill is debated and a vote is then taken
- House of Lords consideration- if the bill started in the House of Commons it is then sent to the lords and vice versa
- Royal assent- once both houses agree on the bill it is then sent to the monarch for approval. After receiving the royal assent the bill then becomes a law.
What is judicial law making/judicial precedent
Judges in the uk play a critical role in shaping criminal law though the doctrine of judicial precedent.
When a case appears before them they must make a judgement and this forms a law
Judicial precedent is based on the principle of stare decisis meaning courts must follow previous decisions when the same issues arise in future cases.
Judges need to apply the law consistently and use the same principles in similar cases
Due to their being several courts there is a hierarchy and. Lower courts must abide by the decisions of higher courts e.g. supreme courts
What is statutory interpretation
This is an alternative way a judge can make a law.
This is where judges clarify the meaning of legislation passed by parliament e.g. in cases where the wording of law is ambiguous judges will interpret the language and apply it to real world situations. E.g. superior courts such as court of appeal or Supreme Court.
E.g. in the case of Whitley vs Chappell the defendant was charged with an offence of impersonating any person entitled to vote. The defendant had pretended to be a person who was on the voters list but that person had died. The court held the defendant not guilty since a dead person was not entitled to vote.
What is meant by green paper
This is a government document that outlines proposals for new laws or changes to existing laws and invites discussions and feedback from the public
Describe the difference between green and white paper
A green paper is a preliminary report that invites feedback on government proposals while a white paper is more authoritative that outlines the final policy decision after consultation
Describe how judicial precedent and statutory interpretation contribute to the law making process in courts
Judicial precedent refers to decisions made in higher courts that must be followed by lower courts in similar cases ensuring consistency in law application. Judges can also create new legal rules when no previous decisions exist. Statutory interpretation occurs when judges clarify the meaning of legislation. Courts interpret ambiguous words or phrases in statutes to apply them to cases ensuring the law reflects current circumstances
Describe the role of the judges in making criminal law through judicial precedent
Judicial precedent is where judges make decisions based on previous rulings in similar cases. It goes by stare decisions which is standing by what has been decided and the judges must follow past decisions from higher courts. If a higher court has made a ruling lower courts must follow it in future cases this is known as the binding precedent. Judges can also consider decisions from courts of equal or lower rank but they do not have to follow them, this is known as persuasive precedent. The judges help develop the law by interpreting how existing laws apply to new cases. Their decisions can shape criminal law over time this is known as law development
