Unit 4 1.1- Lawmaking Processes

Question 1

Passing Legislation: 1

Answer 1

Green paper- Initial report to provoke discussion on the subject
White Paper- After consultation, document is sent out, setting out detailed plans for legislation, includes draft
First Reading- Introduction to the bill, first reading in parliament. Formal announcement, vote required to get to next stage

Question 2

Passing Legislation: 2

Answer 2

Second Reading- Main principles are considered & debated. Gov has support of majority so usually win vote.
Committee Stage- Examined in detail by small MP Committee who report back any suggested amendments
Report stage- Consideration of committees report and debate on amendments, could take several days

Question 3

Passing Legislation: 3

Answer 3

Third Reading- Final chance for commons to debate bills contents. No amendments allowed at stage. House votes to pass or reject bill.
House of Lords Stage: Bill goes to house of Lords, same stages as the commons. If amended, must be returned to comonets to vote, commons has final say.
Royal Assent- Once passed by both houses, signed by monarch. Either in effect immediatly or at a specific date

Question 4

Judicial Precedent

Answer 4

Judicial precedent involves following previous legal decisions of a similar nature within the court hierarchy.
Methods of avoidance such as distinguishing may provide a new legal decision to the precedent, if the present case is different enough.
Also includes a higher court overruling a lower court’s decision in an appeal. An example of this is the law on marital rape, where R v R (1992) was convicted for attempted rape. He appealed on grounds of centuries old precendant, was overuled on grounds that irrevocable consent is unacceptable in today’s society

Question 5

Statutory Interpretation: The Literal Rule

Answer 5

The Use of everyday meaning of words. Can have many different literal dictionary meanings.
1987 R v Marginnis. Invovled illegal drugs and the word supply. Different judges found different meanings of the word supply i.e to friends? to strangers?

Question 6

Statutory Interpretation: The Golden Rule

Answer 6

As the literal rule can lead to absurd results, allows court to modify literal meaning to avoid this.
Official Secrets Act 1920- Offence ot obstruct military ‘in the vicinity of’ prohibited place. Adler v George 1964, argued he hadn’t broken law because he was inside the base. Court applied golden rule to aoid absurd result

Question 7

Statutory Interpretation: The Mischief Rule

Answer 7

Allows the court to enforce what the statute was intended to achieve, rather than what the words say.
Licensing Act 1872 makes it an offence to be drunk in charge of a carriage on the highway. 1951, Corkery found guilty even though he had arguing he had been in charge of a bicycle, not a carriage. Apply mischief rule, acts purpose was to prevent people from using any form of transport on the public highwy when drunk