what are the 2 processes of law making
parliament
judiciary
what are the stages in parliamentary stages of a bill with brief description
green paper-published by gov,inital report to provoke public discussion/includes questions for interested individuals
white paper-published by gov,sets out their detailed plan for legislation, including draft
first reading-the bill is introduced to commons, followed by vote to allow it to move forward
second reading-bill is debated by commons considering main principles, vote is taken
committee stage-bill is examined line by line by committee made up of MPs,committee reports back to whole house and proposes amendments
report stage-ms consider committee report, votes on amenments
third reading-final chance for commons to debate, no amendments allowed, vote to pass or reject it
the lords-same process as commons, if lords amend it goes back to commons so MPs accept/reject them
royal assent-monarch signs formal agreement to make act of parliament
what’s dif between house of commons and lords
commons-democratically elected by constituents , last say on laws
lords-appointed eg hereditary peers/bishops/life peerage, act as a ‘double check’ on new laws
how many MPs are commons
650, 224 women
how many peers are in the lords
787 (92 hereditary)
dif between gov and parliament
gov-run the country, made up of winning party
para-represent people, commons,lords,monarch
what are the most common types of bill
private member
public
private
what is judges role in law making
they interpret laws made by parliament, so they can modify a law by interpreting it and setting a precedent, therefore can arguably ‘make’ a law
what is judicial precedent
past decisions of judges create law for future judges, standing by a decision, creates certainty consistency and fairness
what are the exceptions to judicial precedent
distinguishing-if the facts/legal principle of the case are distinguishably different
overruling-a court higher up the hierarchy overrules and created a binding precedent for all courts
what is statutory interpretation and 3 types
the way judges interpret and apply legislation
literal rule-giving words there literal/plain english meaning, ca lead to absurd results
golden rule-used to avoid absurd results,allows courts to modify literal meaning
mischief rule-exists for the courts to give effect to the original intention of the law
