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New Criminology Flashcards > Unit 4 AC1.1 Describe processes used for law-making > Flashcards

Unit 4 AC1.1 Describe processes used for law-making Flashcards

1
Q

What is the UK’s form of government?

A

Parliamentary democracy.

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2
Q

How are laws made in the UK?

A

Laws are made by passing Acts of Parliament.

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3
Q

What are laws referred to as in the UK?

A

Statutes or legislation.

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4
Q

How many members are in the House of Commons?

A

650 Members of Parliament (MPs).

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5
Q

How are MPs elected?

A

Through General Elections.

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6
Q

What does each MP represent?

A

A constituency in the country.

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7
Q

What is the House of Lords?

A

The second chamber of the UK Parliament.

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8
Q

How many members are in the House of Lords?

A

800 members.

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9
Q

What are the different types of members in the House of Lords?

A

Peers (hereditary, life, and bishops).

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10
Q

What role does the monarch play in lawmaking?

A

Constitutional role in opening, dissolving Parliament, and approving Bills.

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11
Q

What happens during the first reading of a Bill?

A

Formal announcement and vote on the Bill.

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12
Q

What is the main purpose of the second reading of a Bill?

A

Consideration, debate, and vote on the main principles of the Bill.

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13
Q

What happens during the committee stage of a Bill?

A

Detailed examination and possible amendments by a committee of MPs.

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14
Q

What is the purpose of the report stage of a Bill?

A

Review, debate, and voting on amendments based on the committee’s report.

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15
Q

What occurs during the third reading of a Bill?

A

Final debate, no further amendments allowed, and vote to pass or reject the Bill.

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16
Q

What happens when a Bill goes to the House of Lords?

A

Same stages as the Commons, Lords can propose amendments, and it goes back to the Commons for a decision.

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17
Q

What is the final step before a Bill becomes law?

A

Royal Assent by the Monarch, turning the Bill into an Act of Parliament.

18
Q

What is the role of the government in lawmaking?

A

Running the country and proposing new laws.

19
Q

What is a Green Paper?

A

Initial report triggering public discussion and seeking responses.

20
Q

What is a White Paper?

A

Detailed plan for legislation published after consultation.

21
Q

What is judicial precedent?

A

Past decisions of judges creating laws for future judges to follow.

22
Q

What is the principle behind judicial precedent?

A

“Stare decisis” - standing by a decision.

23
Q

What is common law?

A

Laws created based on past judicial decisions.

24
Q

How does court hierarchy affect precedent?

A

Higher court decisions create binding precedent for lower courts.

25
Q

What are the exceptions to following precedent?

A

Distinguishing and overruling.

26
Q

What is distinguishing?

A

Treating the present case as different from a previous case, leading to a different decision.

27
Q

What is overruling?

A

Higher court overturning a previous decision.

28
Q

What is statutory interpretation?

A

Judges making laws by interpreting statutes or Acts of Parliament.

29
Q

What are the interpretation rules in statutory law?

A

Literal rule, golden rule, and mischief rule.

30
Q

What is the literal rule in statutory interpretation?

A

Judges using everyday meaning of words in a statute.

31
Q

What is the golden rule in statutory interpretation?

A

Applied to avoid absurd results from literal interpretation.

32
Q

What is the mischief rule in statutory interpretation?

A

Enforcing the intent of the statute rather than the literal words.

33
Q

How do judges interpret statutes?

A

By determining the meaning of words and applying them to cases.

34
Q

What is the purpose of the literal rule?

A

To interpret statutes based on their plain and ordinary meaning.

35
Q

When is the golden rule applied in interpretation?

A

When the literal rule leads to absurd or contradictory outcomes.

36
Q

What is the primary aim of the mischief rule?

A

To give effect to the underlying purpose or intention of the statute.

37
Q

What happens if a statute is unclear or ambiguous?

A

The judge will apply statutory interpretation to clarify its meaning.

38
Q

What is the significance of precedent in the legal system?

A

It creates certainty, consistency, and fairness in the application of the law.

39
Q

How does precedent contribute to the development of the law?

A

It provides a basis for future decisions, shaping the law over time.

40
Q

What role do judges play in statutory interpretation?

A

They have the responsibility to interpret and apply statutes correctly in legal cases.

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