ac1.1 law making unit 4

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formed by the political party who I have the majority MPs the commons. The prime minister is the lead of the party. most proposals for new laws come from the government" a proposal for a new law is called a bill. Bills must be agreed by both Houses of parliment and recieved the Royal assistent before they be come law. GREEN PAPER It is a rentative government report and consulation document of Policy Proposals for debare and discussion. white papER Command papers and may include a draft version of a Bill that is being Published / Published. PARLIMENT STAGES BILL abili con start in the commons or the Lords and must be approved in the same form by both Houses before becoming an Act (Law). It then has to have Royal acesst. Doth houses have to agree so it can go back a forth berween both houses until decided. 1. First reading 2. Secondary reading Committee srage 3. 4. Report Stage 5. Third reading 6. The Lords 7.Royal Assent. JUBICIAL PROCESSES of law making There are two processes that a Judge con go through to make alaw: Judical precedent Staruroly intercepretation. JUDICIAL PRECEDENT -This is based on the principle of standing by or Following what judges have decided in post cases -This means that, where the point of law in a case today is the same as a previous case, the judge Should follow descisions made in the previous case. By Treating similar cases in the same way, Certainly, consistency, and farness in our legal system. Thesystem is also known as 'common Law' more A decision made by a higher court automatically creares a binding precedent for all lower courts. Exceptions to JUDICIAL Precedent Distinguished a precedent from an earlier case is only binding ona present case if the principle involved in the same and if the facts are similar. the facts of the two cases to be different distinguished means that the Judge has found enough for them to make a different decision and not follow the precedent of the previous cose.. Overruling - a court higher up in the hiear chy States that the legal decision in a previous case is wrong anothus overturns it eg. the supreme court can Overrule a lower court's descron on appeal. LAW ON MARITAL RAPE research into The R VR (1992) case. WHO WAS THE COMPLAINANT AND DEFENDANT the complainant was his wife, and the defendant was her husband, WHAT WAS THE INCIDENT THAT BROUGHT THIS CASE IN TRIAL. they had seperated in October 1989 but was still married She moved into her mothers house which her husband had broken into in November 1989 and tried to have sexual intercourse but she didn't consent- WHAT WAS THE FINAL OUTCOME the coun upheid his convictions for attempred rape. There was no marital rape exceptions under Engishlaw and this was a common lawfiction that exsisted. The Concept of irrelevadable consent of a wife toner husband was classed as unacceptable concept. STATUTORY INTERPRE - Judges can make law by now they interpret the interpretation. Starures Acts of Parliment. A Statue is a written law, so judges need to interpret the meaning of it's words and applying them rothe case they're Judging. Judges have 3 main interpretations rules to help them dochis. THE LITERAL RULE Under this rule, judges should use the everyday Meaning of the words in the Stature. A problem with this is that a word can have different literal and/or dictionary meaning. - example: Rv Maginnis (1987) - A case involving ilegal drugs, different judges has different interpretations of the word 'supply' The golden rule -The golden rule allows the court to modify the hierar meaning of a word if it creates an absurd result. - Example under the offical secrets act (1920] It was an offence to obstruct royal forces (army, navy ect.) in the vicinity of a prohibited place (such as naval base in the case of Adler v george 1964), Adier claimed thathe had not broken the law because he was actuany in the building, not the vicinity of it. The court chose to apply the golden rule and Adler was convicted. The mischief rulle -This rule allows the court to enforce what the Stature was intended to achieve, rather than what the words actually say. -Example: The Licensing Act (1872) Makes it an offence of Corkery v carpenter (1951), (Orkey was found to be drunken while incharge of accarriage. In the case guiry, despite the fact mat he had been in charge a bike. The court used the mischief rule to convict him,. arguing that the fict's purpose was to prevent people fromusing any form of transpart when drunk. OTHER CASES -Fisher V Bell case (1960), under the offensive weapons act of 1959, it was an offensive weapons. For sale. And he had a flick knife in a shop Window. (The literal rule). of