Unit 4 - AC1.1 Flashcards
What does the exam board refer to statute law as?
Government or parliamentary processes made by the government
What does the exam board refer to common law as?
Judicial processes made by judges
How is major legislation usually made through?
Acts of parliament
How many ministerial departments make up the UK government? What are the three examples?
23 - Ministry of defence, ministry of justice, department of education
Why are there different ministrial departments?
The particular ministry which is responsible for the area in which a change in the law is being considered will draft ideas for change
How would the ideas of draft bills be published?
In a consultation paper aka green paper
What is a green paper?
The first draft of a proposed law
What type of document is a green paper made from?
A consultative document on a topic which the government’s view is put forward with proposals for law reform
What would a green paper outline?
Possible changes, often with alternatives listed as well, and anyone can comment on those ideas during the Consultation stage
What do pressure groups and members of the public have to do with green papers?
They are invited to send comments and opinions to the relevant government departments about the draft
What comes after the green paper is created?
The white paper is created aka the bill
What is the white paper?
The government will use the feedback from the green paper to create and publish a firm proposal, a ‘final draft’, for a new law
What are the two houses of parliament?
The house of commons
The house of lords
What is the house of commons?
A chamber with 650 constituencies being represented by their elected politicians.
What are constituencies and how many are there is the UK?
Regions of the country - there are 650
Who are members of the house of commons?
All government ministers including the prime minister
What is the role of the house of commons in law making?
Most bills are introduced in the house of commons first. They will conduct a debate on the issue of the policy as well as on the specific details of the bill. After these debates, they will vote on whether to pass the bill through to the next stages.
What happens when the house of commons votes against a bill?
Then it will not become an act of parliament
What is the house of lords?
An unelected body chamber made up of Lords Temporal, Lords spiritual, and also hereditary peers.
What is the lord temporal?
appointed by the king on the advice of the prime minister
What is the lord spiritual?
archbishops and bishops
What are hereditary peers?
members who inherit their titles
What is the role of house of lords in law making?
They act as a revising and scrutinising body. All bills go through the house of lords as well as the house of commons, and they can vote against proposed changes to the law
What happens if the house of lords vote against a bill? Include the act
Powers are limited by the Parliaments Act 1911/1949. This Act allows a bill to become a law even if the house of lords rejects it, provided that the bill is reintroduced into the house of commons and passes all the stages again
How long can the house of lords delay a law by?
Up to one year
What is the monarch? and who is the current monarch?
A monarch is the sovereign head of state. Their position is inherited, lifelong and their position is passed to their firstborn child upon death. King Charles III is the current monarch
What is the role of the monarch in law making?
Largely ceremonial and symbolic. They aren’t not involved in the creation, debate or voting of proposed laws. Their main role is to provide royal assent, which is the final stage of parliamentary process
What is royal assent?
the monarch approving and ‘singing off’ the approved bill. Once this happens it becomes an Act of Parliament
Who and when was the last time royal assent was refused?
By Queen Anne in 1708
How many stages are there in the parliamentary stages of law making? name them:
7
1- consultation stage
2-first reading
3-second reading
4-committee stage
5-report stage
6-third reading
7-royal assent
What happens in the consultation stage of law making?
The government makes a draft of the bill and asks senior officials to make comments, along with members of the public and pressure groups. During this stage the green and white papers are published
What happens in the first reading of law making?
The government announces the bill by reading its title in one of the houses
What happens in the second reading of law making?
This is the first main debating stage where members can discuss the bill followed by the first vote. This bill could be voted out at this stage and a successful vote is needed before it passes stage 4
What happens in the committee stage in law making?
A small groups of expert members will complete a detailed review where the bill is examined for issues and amendments can be suggested
What happens in the report stage in law making?
The amendments made during the committee stage are reported back to the relevant house by the committee chairman. Members will then debate and vote on the proposed changes to the bill
What happens in the third reading in law making?
This is the final debate and overall consideration of the bill. This stage provides the last opportunity to raise any issues. No further amendments are allowed and a final vote is held to pass or reject the bill
What is meant by ‘the other house’?
After the third reading the bill is then passed to the other house. They will then repeat stages 2-6 to check the quality of the proposed bill. This can result in a ‘ping pong’ effect
What is meant by ‘ping pong’ effect in law making?
Any amendments made have to be passed back to the original house to be considered and approved. This can lead to a ‘ping pong’ between the houses where a bill is passed back and forth several times until both houses agree
What happens in the final stage of royal assent in law making?
The ruling monarch signs off the bill as a new law. This makes it an official law aka an act of parliament giving it statutory power
What are the two main methods of law making in the Criminal Justice System of England and Wales?
statute law
common law
