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 general 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.
- but if there’s no previous case to follow a judge must make an original precedent and then decide what the rule/law will be
-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
An example of a judicial precedent
Daniel’s v white 1938
The claimant bought a bottle of lemonade and when it was drunk he felt a burning reaction in his throat. The lemonade was found to have corrosive metal in it. The case of Donoghue v Stevenson was used when suing for compensation even though the facts were slightly different. It was sufficiently similar for the purpose of precedent.
What is statutory interpretation
-This is an alternative way a judge can make a law
This is where judges in the superior courts such as the court of appeal and supreme courts clarify the meaning of legislations passed by parliament (in cases where the wording of law is ambiguous judges will interpret the language and apply it to real world situations)
An example of statutory interpretation
Whitley v Chappell 1868
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 was not guilty since a dead person is not entitled to vote.
What is meant by a green paper
This is an government document that outlines the proposals for new laws or changes to existing laws, and discussions and feedback is invited from the public
What is a white paper
This is seen as more authoritive that outlines the final policy decision after consultation
Parliament is made up of
House of Lords
House of Commons
Monarch
