1.1

Cards (17)

  • The UK is a parliamentary democracy
  • Most of the country's laws are made by passing Acts of Parliament
  • Laws made by Parliament are also often referred to as statutes or legislation
  • Parts of Parliament
    • The Monarch (King or Queen)
    • The House of Lords
    • The House of Commons
  • The Monarch's role in law making
    The King or Queen simply gives the Royal Assent – their agreement to the new law
  • The House of Lords
    • Members are called peers
    • There are about 800 peers
    • In the past, all peers were noblemen and they were hereditary positions
    • Today there are only 92 hereditary peers; there are also 26 Church of England Bishops and Archbishops
    • The rest of the members are life peers who cannot pass their position onto their children
    • The main job of the Lords is to act as a "double check" on new laws
  • The House of Commons
    • It is the most important part of Parliament
    • It is made up of the elected representatives of the people; the 650 members of Parliament (MPs)
    • Each MP is elected at a general election to represent a constituency (a geographical area of the country)
  • The Government
    • Its job is to run the country
    • It is formed by the political party that has a majority of the 650 MPS
    • The prime minister is the leader of the majority party
    • Most proposals for new laws come from the government
  • Bill
    A proposal for a new law
  • Passing a Bill into law
    1. Green Paper
    2. White Paper
    3. First reading
    4. Second reading
    5. The Committee Stage
    6. The Report Stage
    7. Third reading
    8. The Lords
    9. Royal Assent
  • Statutes
    • The Criminal Justice Act (2003)
    • The Crime (Sentences) Act 1997
    • The Dangerous Dogs Act (1991)
  • Precedent
    Judges following the decisions of previous cases when determining sentences
  • Precedent cases
    • Donoghue v Stevenson (1932)
    • Daniels v White (1938)
  • Precedent
    • A decision taken by a case in a higher court automatically creates an original or binding precedent for all lower courts
    • Two main situations where a court does not have to follow precedent: Distinguishing and Over-ruling
  • Statutory Interpretation
    Judges making laws by the way they interpret the statutes or Acts of Parliament
  • Statutory Interpretation Rules
    • Literal Rule
    • Golden Rule
    • Mischief Rule
  • Statutory Interpretation Rules
    • R v Maginnis (1987)
    • Adler v George (1964)
    • Corkery v Carpenter (1951)