Unit 4 AC1.1 Flashcards
Describe processes used for Law making
What is the first stage of parliamentary law making
New laws considered due to
-public concern
-pressure groups/ campaigns
What is the second stage of Parliamentary law making and explain it
Green paper
- Drafted in the ministry or department dealing with the particular issues to show the way it is thinking on a particular policy
- Published and anyone can comment suggestions and idea
What is the third stage of Parliamentary law making and explain it
White paper
- Consists of specififc reform plans and formal proposals for reform
- Allows for a bill to be presented in parliament (draft)
What is the fourth stage of Parliamentary law making and explain it
First Reading
- Name of bill ad main aims read out and formal vote taken
- If a financial bill it HAS to sart in HoC
What is the fifth stage of Parliamentary law making and explain it
Second Reading
- Vote on a bill on if it should go to the next stage
- MPs debate
What is the sixth stage of Parliamentary law making and explain it
Committe Stage
- Detailed examination on the bill
- Amendments for discussion selected by chairmen of committe, only members of the committe can vote on amendments in this stage
- Bills fast tracked recieve less consideration
What is the seventh stage of Parliamentary law making and explain it
Report Stage
- committe report back to the full house who then vote on the proposed amendments
- All Mps may s[eak and vote and suggest new amendments
What is the eighth stage of Parliamentary law making and explain it
Final reading/Third reading
- opportunity for final debate
- no amendments, only discuss what is in the bill
- Debate onto approve the bill
What is the nineth stage of Parliamentary law making and explain it
This is where the whole process repeats in the opposite house
What is the tenth stage of Parliamentary law making and explain it
Royal Assent
Royal must sign the bill - cannot refuse
Only done as part of tradition to be signed by head of state
What is the eleventh stage of Parliamentary law making and explain it
Bill is now an Act of Parliament and official written as a law and published to the public
What is meant by Parliamentary ping pong
When a bill moves from one house to another but gets given back due to own preferences in amendments but disagree with the other house
What are a couple of examples of laws being implimented through the Parliamentary law making system
CJA 2003
Double Jeopardy - Ann Ming and Stephen Lawrence
Dangerous Dogs Act 1991- 2024 changes to XL bully
What are the two judicial processes of law making
Judicial precedent
Statutory interpretation
What is meant by Judicial Precedent
The system where judges make decision on a case and that ratio becomes a precedental judgement which lower judges and court must follow
Why do we have Judicial Precedent, what are the benefits
Means that judges have to apply the law consistently - allows the public to understand what the law is when judges use the same principles
What is meant by Stare Decisis
All judges must follow previous judicial decisions
What is a binding precedent
A precedent, usually made by appellate courts or supreme court where all other lower courts must follow their ratio
Who can go against a precedent
Appellate courts and supreme court
What are the two ways in which the supreme court can go against a judicial precedent
Distinguishing
Overruling
What is Distinguishing
Judges finds the facts different enough from previous cases meaning they do not have to follow precedents and can find a different outcome
What is Overruling
Higher up courts decide a previous legal decision is wrong and over rule it
What are 3 case examples used for Judicial precedent
R V R
Donoughue v Stevenson
Daniels v White
What is meant by Statutory Interpretation
The ways in which judges have to interpret statutes, to understand the law to allow them to apply it correctly
