ac1.1 describe processes used for law making

• parliament


  A body of representatives that makes laws for a nation

  house of commons

  House of Lords

  the monarch
• House of Commons


  the first legislative body of Parliament whose members are elected
• House of Lords


  Upper house of Parliament, for nobles and bishops
• monarch


  a ruler of a kingdom or empire
• government processes


  law making in parliament

  process of consultation, debate and voting
• first reading


  gov process

  name of the bill and its main aims are read out and formal vote taken
• second reading


  gov process

  main debate takes place followed by another vote
• committee stage


  gov process

  chosen group of representatives look closely at the bill to address any issues and suggest appropriate amendments
• report stage


  gov process

  committee report back to the full house who then vote on the proposed amendments
• third reading


  gov process

  final vote on bill
• royal assent


  gov process

  bill signed by monarch (king or queen)

  becomes act of parliament
• green paper

  
  

  law first proposed on this paper.

  Open for public debate and consultation
• white paper


  If public support new law from green paper, it becomes this paper and law is proposed more formally to parliament- becomes a bill

  has detailed plans for introduction of a new law
• bill


  A proposed law, drafted in legal language.
• judicial precedent


  law made by judges in courts

  must be followed in future similar cases
• judicial processes


  Judicial precedent and statutory interpretation
• common law


  judge made law

  law must be common in all cases
• overruling


  Judge in higher court can overrule earlier precedent and replace with different one- only permitted by those in senior courts
• precedent


  the custom of the courts to stand by previous decisions, so that once a point of law is decided upon by a court, then the same law must be applied to future cases with materially similar facts
• distinguishing


  when judge finds the facts in the present case are different enough from the earlier/original one

  allows judges to come to a different decision and not follow precedent
• statutory interpretation


  alternate way a judge can make law

  judges in Supreme Court and court of appeal are called upon to interpret words and phrases within a statute, whose wording may cause conflict when used in cases they are judging
• 3 rules of interpretation

  literal rule

  golden rule

  mischief rule
• literal rule


  a rule of statutory interpretation that gives the words their plain ordinary or dictionary meaning
• golden rule


  when literal rule does not help with interpretation/ absurd result- this is used

  lets courts change meaning to avoid this
• statute


  law
• mischief rule


  courts can enforce what the statute set out to achieve rather than the words in it
• how does law come into being 


  green paper --> white paper--> bill --> act of parliament
• process of bill

  first reading

  second reading

  committee stage

  report stage

  third reading

  repeated to house of lords

  royal assent