Unit 4 AC1.1 Flashcards
AC1.1
What are the nine stages of law making?
1) Green paper
2) White paper
3) First reading
4) Second reading
5) The committee stage
6) Report stage
7) Third reading
8) The lords
9) Royal Assent
Describe the green paper stage.
Before a bill, the government publishes a general report to create a public discussion on the subject to see the publics opinion
Describe the white paper stage.
After consultation, the white paper is published which is a draft of the bill they intend to put to parliament
Describe the first reading.
The government introduces the bill into the house of commons. This is a formal announcement followed by an initial vote.
Describe the second reading.
If the bill passes the vote, the main principles are considered and debated by the house of commons and a vote is taken
Describe the committee stage.
Bill examined in detail line by line by a small committee made up of different parties MPs. They propose amendments.
Describe the report stage.
Gives MPs the opportunity to consider committees report and debate and vote on the amendments
Describe third reading stage.
Final chance for commons to debate the bill. No amendments allowed, only pass or reject.
Describe the lords stage.
Same stages as House of Commons. If the lords change the bill it will be sent back for MPs to accept or reject changes. This continues until all agree and is known as ‘ping-ponging’. House of Commons have final say.
Describe the royal assent stage.
Bill goes to monarch for signing to approve it.
What are the two judicial roles in making laws?
- Precedent
- Statutory interpretation
Describe precedent
Past decisions of judges are used to create new laws for future judges if the point of law is the same.
What does precedent create?
Consistency, certainty, and fairness. -
What are the exceptions to following precedent?
- Distinguishing. When the facts in the case is different from previous cases with the same point of law
- Over ruling. A higher court states a legal decision in an earlier case is wrong and overturns it.
Describe statutory interpretation
Judges can make laws by how they interpret the statutes to apply it to a case.
What are the 3 main interpretation rules?
- Literal (Using the dictionary definition)
- Golden ( Modifies literal meaning to avoid absurd result)
- Mischief (Allows court to enforce what the statute was intended to achieve)
What is the case study for precedent?
Marital rape (1992). Husband appealed verdict of marital rape as old precedent contradicted the verdict given. Appeal was overruled as it is now seen as unacceptable.
What is the case study for literal interpretation?
R V Maggins (1987). Judges found different meanings of ‘supply’ in a drug case
What is the case study for golden interpretation?
Adler V George. Adler argued he did not break the official secrets act,1920, as he was not in the vicinity of the prohibited place but in it.
What is the case study for mischief interpretation?
Licensing act, 1872, makes it illegal to drive a carriage drink. Corkery Vs Carpenter, 1951, was found guilty drink driving a bike as the acts purpose was to stop all drink driving.
