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1.1 - Describe processes used for law making - Coggle Diagram
1.1 - Describe processes used for law making
Government
Parliament - made up of the monarch, the House of Lords, and the House of Commons
Parliamentary democracy - most laws passed by passing Acts
The Lords - 800 peers. Were noblemen in the past. Double check on new laws
The Commons - 650 elected representatives of the people.
The Government - runs the country. Formed by the party with the majority of MP's.
Green paper - initial report provoking discussion of the subject
White paper - draft Bill intended to put before Parliament
Parliamentary stages of a Bill
First Reading - government introduces Bill to the commons. Formal announcement and vote.
Second Reading - Debated and vote taken
The Committee Stage - Committee of MP's examine the bill in detail. Report back to the house, propose amendments.
Report Stage - Debate and vote amendments.
Third Reading - Final chance for commons to debate. No amendments.
The Lords - Goes through same stages as Commons. Accept or reject.
Royal Ascent - monarch signs
Judicial Process
Judicial Precedent
Past decisions of judges create laws for future judges to follow
Hierachy of courts - decision taken by a higher court creates a binding precedent for all lower courts
Exceptions to precedent
Distinguishing
The judge finds the facts in the case different enough from the earlier one to allow to reach a different decision
Overruling
A court higher up states a legal decision is wrong and overturns it.
Statutory Interpretation
Can make law by the way they interpret the law.
The literal rule
Use the literal meaning
The golden rule
Use the literal meaning unless absurd result
The mischief rule
Use what the law intended to achieve