Unit 4 1.1 Flashcards
First reading
Formal introduction of the bill to parliament, takes place without a debate
Second reading
Main debate of the bill
Committee stage
Each clause of the bill is considered, detailed examination
Report stage
Members can make other amendments
Repeat these stages at the other house
In House of Lords
Royal Assent
Approval from the current monarch to make it an act of parliament
Green paper
Government document that initiates public consultation on a proposed policy or legislative change
White paper
Drafted with firm proposals for the new law then it is introduced into parliaments
Judicial precedent
inc case eg
Lower courts have to follow the decisions made from the higher courts in a case that created an original precedent
Donoghue v Stevensen - The Neighbour principle (Negligence)
2 exception to the precedent w/ explanation and case
Distinguishing - When court decides that a previous case is not applicable to the current case because of differences in the facts or legal issues
Overruling - When higher courts decisions explicitly overturns a previous decision made by a lower court
Marital Rape Law
Statutory interpretation
The process by which courts interpret and apply legislation to get to the legal meaning of the legislation.
Literal Rule
inc case
Gives all the words in the statute their ordinary, everyday or literal meaning
R v Maginnis
Golden rule
inc case
Modifies the literal rule and allows the court to avoid a literal interpretation if it would to an absurd result
Alder v George
Mischief Rule
inc case
Allows court to enforce what the statute was intended to achieve rather than what the words actually say
Corkey v Carpenter
What are the 7 stages in Government Process of law-making?
- First reading
- Second reading
- Committee stage
- Report stage
- Third reading
- House of Lords
- Royal assent
