Unit 4: AC 1.1- describe processes used for law making

Alternative transcript:

the Bill. The Government: Their role is to run the country, and the government is formed by the party that has a majority of the 650 MPs. Proposals for laws (bills) come from the government, where they have to be agreed on by the Houses and Royal Assent in order to become a law. Green Paper- initial report published before a Bill is put to parliament- provokes public discussion on the subject/questions for those interested to reply to. White Paper- published after consultation, document sets out detailed plans for legislation and draft of Bill they want to present to parliament. 7) Royal Assent: This is where the monarch signs the Bill formally, their agreement making it an Act of Parliament/law. The new law comes into effect immediately unless the Act specifies a later date. 6) The Lords: Bill goes to House of Lords, where it has to go through al the same stages it already passed at the Commons. If Lords amend it, it goes back to the Commons where MPs reject/accept the new amendments. (Commons has final say as they represent the public). ● ● ● This is where law-making is based on past judges' decisions- future judges follow this to create new law. So when a point of law in a case today is the same as one of the past, the judge should follow the precedent of the previous case. This makes the CJS consistent, certain and fair and created common law. ● ● Judges can also make law by the way the interpret statutes/Acts of Parliament. Statutes are written laws that judges interpret the meaning of the words and apply them to the case. The literal rule: Judge use everyday, ordinary meanings of words in the statute. However- one word can have many meanings, judges found different meanings for 'supply' in R v Maginnis (1987). ● ● The court hierarchy: The Supreme Court is at the top, followed by the Crown Court and Magistrate's Court. A decision in higher court makes a binding precedent that the lower courts follow when dealing with similar cases. Judicial precedent: Judicial processes of law making Statutory interpretation: Exceptions to precedent: Distinguishing- judge doesn't have to follow precedent if the case has different legal principles or different facts to the past case. Overruling- a higher court states that a lower court's decision was wrong and overturns it. ● The golden rule: Means literal meanings can be modified from the literal meaning to avoid an absurd result. The mischief rule: Allows court to enforce what the statute intends to achieve instead of what the words actually say. EG: Licensing Act (1872) makes being on charge of a 'carriage' while drunk an offence. Corkery in Corkery v Carpenter (1951) was found guilty while drunk on a bike, as the Act really refers to any transport. EG: Official Secrets Act 1920 says it's an offence to obstruct her majesty's forces in vicinity of a prohibited place. Adler v George (1964) case argued that Adler was in the prohibited place, not in the vicinity of it- Golden rule overturned the Act to avoid an absurd result.