The Legislative Process

The law-making process in the UK follows a structured path known as the Parliamentary stages of a bill. This process ensures thorough scrutiny and debate of proposed legislation before it becomes law.

A bill can originate in either the House of Commons or the House of Lords and must be approved in identical form by both Houses before it can receive Royal Assent and become an Act of Parliament (law). The 7 steps of law-making in the UK are:

1. First Reading
2. Second Reading
3. Committee Stage
4. Report Stage
5. Third Reading
6. Consideration by the other House (Lords or Commons)
7. Royal Assent

Highlight: If the two Houses disagree on the content of a bill, it may go back and forth between them until a consensus is reached. This process is known as "ping pong."

Example: The Committee stage of a Bill involves detailed examination of the proposed legislation by a smaller group of MPs or Lords, who may suggest amendments.

In addition to the parliamentary process, judges also play a role in shaping the law through two main processes:

1. Judicial Precedent
2. Statutory Interpretation

Judicial Precedent, also known as common law, is based on the principle of following decisions made in previous similar cases. This system promotes certainty, consistency, and fairness in the legal system.

Definition: Binding precedent occurs when a decision made by a higher court automatically becomes binding for all lower courts in similar future cases.

There are exceptions to judicial precedent, including:

• Distinguished cases: When a judge finds the facts of a current case sufficiently different from a previous case to justify a different decision.
• Overruling: When a higher court determines that a legal decision in a previous case was incorrect and overturns it.

Statutory Interpretation

Statutory interpretation is another way judges can influence the law. This process involves interpreting the meaning of words in statutes (Acts of Parliament) and applying them to specific cases.

Judges use three main interpretation rules:

1. The Literal Rule: Judges should use the everyday meaning of words in the statute.

Example: In R v Maginnis (1987), a case involving illegal drugs, different judges had varying interpretations of the word 'supply'.

2. The Golden Rule: This allows the court to modify the literal meaning of a word if it creates an absurd result.

3. The Mischief Rule: (Not explicitly mentioned in the transcript, but commonly included as the third main rule of statutory interpretation)

These rules help judges navigate the complexities of applying written law to real-world situations, ensuring that the law remains relevant and just.

Highlight: Statutory interpretation plays a crucial role in adapting and applying laws to contemporary contexts, allowing the legal system to evolve without constant legislative changes.