Unit 4 AC1.1 Describe processes used for law-making Flashcards
What is the UK’s form of government?
Parliamentary democracy.
How are laws made in the UK?
Laws are made by passing Acts of Parliament.
What are laws referred to as in the UK?
Statutes or legislation.
How many members are in the House of Commons?
650 Members of Parliament (MPs).
How are MPs elected?
Through General Elections.
What does each MP represent?
A constituency in the country.
What is the House of Lords?
The second chamber of the UK Parliament.
How many members are in the House of Lords?
800 members.
What are the different types of members in the House of Lords?
Peers (hereditary, life, and bishops).
What role does the monarch play in lawmaking?
Constitutional role in opening, dissolving Parliament, and approving Bills.
What happens during the first reading of a Bill?
Formal announcement and vote on the Bill.
What is the main purpose of the second reading of a Bill?
Consideration, debate, and vote on the main principles of the Bill.
What happens during the committee stage of a Bill?
Detailed examination and possible amendments by a committee of MPs.
What is the purpose of the report stage of a Bill?
Review, debate, and voting on amendments based on the committee’s report.
What occurs during the third reading of a Bill?
Final debate, no further amendments allowed, and vote to pass or reject the Bill.
What happens when a Bill goes to the House of Lords?
Same stages as the Commons, Lords can propose amendments, and it goes back to the Commons for a decision.
What is the final step before a Bill becomes law?
Royal Assent by the Monarch, turning the Bill into an Act of Parliament.
What is the role of the government in lawmaking?
Running the country and proposing new laws.
What is a Green Paper?
Initial report triggering public discussion and seeking responses.
What is a White Paper?
Detailed plan for legislation published after consultation.
What is judicial precedent?
Past decisions of judges creating laws for future judges to follow.
What is the principle behind judicial precedent?
“Stare decisis” - standing by a decision.
What is common law?
Laws created based on past judicial decisions.
How does court hierarchy affect precedent?
Higher court decisions create binding precedent for lower courts.
What are the exceptions to following precedent?
Distinguishing and overruling.
What is distinguishing?
Treating the present case as different from a previous case, leading to a different decision.
What is overruling?
Higher court overturning a previous decision.
What is statutory interpretation?
Judges making laws by interpreting statutes or Acts of Parliament.
What are the interpretation rules in statutory law?
Literal rule, golden rule, and mischief rule.
What is the literal rule in statutory interpretation?
Judges using everyday meaning of words in a statute.
What is the golden rule in statutory interpretation?
Applied to avoid absurd results from literal interpretation.
What is the mischief rule in statutory interpretation?
Enforcing the intent of the statute rather than the literal words.
How do judges interpret statutes?
By determining the meaning of words and applying them to cases.
What is the purpose of the literal rule?
To interpret statutes based on their plain and ordinary meaning.
When is the golden rule applied in interpretation?
When the literal rule leads to absurd or contradictory outcomes.
What is the primary aim of the mischief rule?
To give effect to the underlying purpose or intention of the statute.
What happens if a statute is unclear or ambiguous?
The judge will apply statutory interpretation to clarify its meaning.
What is the significance of precedent in the legal system?
It creates certainty, consistency, and fairness in the application of the law.
How does precedent contribute to the development of the law?
It provides a basis for future decisions, shaping the law over time.
What role do judges play in statutory interpretation?
They have the responsibility to interpret and apply statutes correctly in legal cases.
