AC1.1- describe processes used for law making.

• The Government is made up of


  • Parliament
  • House of Commons
  • House of Lords
  • Monarch
• Parliament


  Legal body of government
• House of Commons


  Where elected MPs sit and create new laws
• House of Lords


  Titles, where the lords sit, not elected by us. Laws only become if they agree. A 'safety net'.
• Monarch


  King/queen- sign off on new laws/ legislation
• MP


  House of commons, who we vote for
• Peer


  'Lord' sit in the house of lords
• Consultation


  Discussion/debate within house of commons/lords
• Bill


  Draft law, hasn't been passed, debated
• Act of parliament


  Law that's been passed
• House of Lords, House of Commons and Monarch make up parliament, all must agree for law to pass
• The Government: House of Lords-

  • House of Lords- called peers. Approximately 800 in the UK. Now: 92 are hereditary, meaning fathers will pass down the job to their eldest son. The rest of 'life members' suggested by the public or political parties. Once approved by the prime minister appointments of lords are formalised by the king. The House of Lords main job is to act as a 'double check' on laws passed by lords.
• The Government: House of Commons-


  Mps voted for by the public.

  when considering a new law:

  • Experts are asked within the local area.
  • Green paper- public consultation.
  • White paper- formal proposal for reform.
  • Bill- draft act, presented to parliament, will be voted on in house of commons.
• Seven parliamentary stages


  1. First reading

  2. Second reading

  3. Committee stage

  4. Report stage

  5. Third reading

  6. The Lords

  7. Royal assent
• First reading


  Lets members know that a new bill is coming out for discussion. A formal vote is taken.
• Second reading


  Minister responsible for bill will outline its purpose. Main vote commences.
• Committee stage


  Separate committee will look thoroughly at the bill and address any issue and suggest amendments.
• Report stage


  Proposed amendments reported on. A vote takes place.
• Third reading


  Bill looked at with all amendments made. Final votes to see if it will progress to the Lords.
• The Lords


  Above stages done again, Lords will look at and work through them together.
• Royal assent


  Monarch approves and signs the bill, they cannot refuse this. The bill then becomes an act of parliament.
• Types of Bills:

  • Public- applies to the general population, the most common type introduced by government ministers.
  • Private members'- Introduced by MP's and Lords whoa re not government minsters. Can change the law as it applies to the general population, few become laws.
  • Private- Promoted by organisations, like local authority and private companies. Only change the law as it applies to specific individuals and organisations. It affects you, you can petition against it.
• Judicial process:

  The purpose of this principle is to make the law and application of the law fair and consistent- Judicial precedent. A judicial precedent works: when a judge is faced with a particular case, they should apply the law in the same way as previous cases. Judges in the past determine the law for judges in the future. They set a 'precedent'. Many laws are set in this way, called a 'common law', because it is common across the country. E.g. James Bulger case.
• Statutory interpretation

  1. Literal rule

  2. Golden rule

  3. Mischief rule
• Literal rule


  Judges interpret the law based on the literal, exact wording of the statute
• Golden rule


  Modification of the Literal Rule, if the literal rules produces an absurdity the judge should look for another meaning to avoid absurd result
• Mischief rule


  Judge looks at the law before legislation was passed to discover what gap/mischief the legislation was intended to cover, and then interprets the law to ensure the gap is covered
• Judges can make laws through their interpretation of the meaning of Acts of Parliament (written laws/statutes)
• Judges who make laws through statutory interpretation are usually from the Court of Appeal or Supreme Court