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AC 1.1 = describe processes used for law making - Coggle Diagram
AC 1.1 = describe processes used for law making
government processes
formal legislative processes
Acts of Parliament, also known as statutes, are major legislation introduced by the government, drafted by civil service lawyers, with instructions from the government department.
green paper
The consultation document, the first draft of new law, is issued by the minister, inviting interested parties to provide comments to government departments for comprehensive consideration and necessary changes.
white paper
final draft. proposed new law. firm proposal referred to as a draft law or bill. all necessary changes are completed.
3 parts of parliament = monarch, house of commons, house of lords
role of the house of commons = A bill becomes a parliament act after completing all necessary stages in parliament, typically introduced in the House of Commons. Debates on policy issues and details occur during this process.
role of the house of lords = The House of Lords acts as a check on the House of Commons, voting against proposed changes to the law. However, their power is limited by the Parliaments Act 1911/1949, which allows a bill to become a law if reintroduced into the House of Commons and passes all stages again.
7 stages of law making
consultation stage = The government drafts a bill, involving senior officials, public members, and pressure groups for their input.
first reading = The government announces a bill by reading its title in one of the houses to inform everyone.
second reading = The first main debating stage allows members to discuss the bill, followed by the first vote, which can be voted out.
committee stage = A group of expert members will conduct a thorough review of the bill, examining it thoroughly and suggesting any necessary amendments.
report stage = The committee chairman reports amendments made during committee stages back to the house, and members can vote on these changes.
third reading = The bill is under consideration, with no major amendments made, and its final vote will determine its acceptance or rejection.
royal assent = The ruling monarch approves the bill as a new law, also known as an act of parliament.
ping pong effect = any amendments have to be passed back to the original house to consider+approve. it can go back and forth (hence, 'ping pong'). happens after stage 6
judicial processes
statutory interpretation
refers to judges in higher courts (such as court of appeal and supreme court) being called upon to interpret words and phrases within a statute.
how does it work? A higher court judge resolves ambiguity in statute words by reviewing the statute's wording and legal definitions. They use rules like the literal rule and aids, but can interpret the statute as they see fit.
case study: Whitely v Chappell (1868) = Chappell was convicted of impersonating a deceased voter on the voter's list, but the judge ruled him not guilty, as a dead person is not entitled to vote.
judicial precedent
A judge must follow a previous court's decision in a similar case to ensure certainty and fairness in the law, or set the original precedent for subsequent cases.
how does it work? The judge must identify significant similarities between cases, such as speed and road conditions, in road accidents, and if no differences exist, a previous decision will serve as precedent.
what is a binding precedent? A precedent established in a higher court is binding and must be followed by lower courts.
case study: Donoghue v Stevenson (1932) = A plaintiff sued a manufacturer for negligence after finding a decomposed snail in ginger beer. The manufacturer owed consumers a duty of care, setting an original precedent for negligence law since 1932.
case study: Daniels v White (1938) = The plaintiff sued for compensation after drinking lemonade with corrosive metal in it, citing the Donoghue V Stevenson case as a precedent for manufacturers causing harm to consumers due to negligence.
hierarchy of courts
supreme court
courts of appeal
criminal branch
crown court
magistrates court and youth court
civil branch
high court (King's bench)/chanccery/family court
county court