Unit 4 - AC1.1 Describe Processes Used For Law Making Flashcards
What are the 3 parts of parliament
House of commons
House of Lords
Monarchy
How many mps are in parliament
650
What are the members of the House of Lords called
Peers
How many peers are there
800 and 95 hereditary peers
What is the role of the monarch
To give royal assent to pass the law
What’s a bill
A proposal for a new law
What does a new law have to be aproved by before it is an act of parliament
House of Commons lords and monarch
What’s a green paper
The initial report to provoke public discussion
What’s a white paper
The detailed plan intended to be put before parliament
What are the 6 parliamentary stages
First reading / second reading/ committee stage / report stage / third reading / royal assent
What’s the first reading
Name and main aims, formal vote is taken
What is the second reading
The main principles are debated and another vote held
What is the committee stage
Bill is examined in detail by a small committee of MPs and reported back to the house for amendments
What is the Report stage
MPs debate and vote on amendments
What is the third reading
Final debate, cannot change anything, pass the bill or reject
What is the royal assent
Once passed both houses the monarch signs the bill to make it an act of parliament
What are the 2 processes that mean judges can make laws too
Judicial precedent and statutory interpretation
What’s a judicial precedent
Where past decisions by judges create laws for future judges to follow
What does the judicial precedent (JP) help
Create fairness and consistency in the legal system and created the common law
What’s common law
A ser of laws common to the whole country
What is the court hierarchy system
Supreme Court / crown-appeal-high etc court / tribunals-magistrates court
What are the 2 exceptions to the Jp
Distinguishing and overruling
What is distinguishing
If the legal principle and facts are different enough from the earlier case so a different decision can be reached and don’t have to follow the earlier precident
What is overruling
When a court higher up overturns an earlier case of it’s wrong such as at an appeal
What is statutory interpretation
The way that the judge interprets the statues/ acts of parliament
What is a statue
A written law
What are the 3 main interpretation rules
The literal rule / the golden rule / the mischief rule
What is the literal rule
Judges use the everyday, dictionary meaning but there can be plural dictionary meanings
What the golden rule
Allowing the modification of the literal meaning to avoid an absurd result
What’s the mischief rule
When the court can enforce what the statue was intended to achieve not what thwarted words actually say
