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How a Law is Made in the UK: 5 Easy Stages

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Saffron

1/20/2023

Criminology

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

How a Law is Made in the UK: 5 Easy Stages

The law-making process in UK consists of both Parliamentary and judicial processes, with Parliament creating statutory law through a structured process of bill passage and judges developing common law through precedent and interpretation. The system involves the House of Commons, House of Lords, and various stages of scrutiny before a bill becomes law.

• The Parliamentary law making process involves seven key stages from initial reading to Royal Assent
• The judicial process relies on precedent and statutory interpretation through three main rules
• The House of Commons and House of Lords play distinct roles, with Commons having the final say
• Bills must pass through multiple readings and committees before becoming law
• Judges can create law through interpretation and precedent in the court hierarchy

...

1/20/2023

1621

AC 1.1: describe processes
used for law making ●
●
Parliament passes
laws/statues/legislation
with Acts of Parliament,
and is made up of the

View

Judicial Processes of Law-Making in the UK

The judicial law making UK process complements the parliamentary system, allowing judges to contribute to the development of law through precedent and statutory interpretation.

Judicial Precedent

Judicial precedent is a cornerstone of the UK legal system, where law-making is based on past judges' decisions. This system creates consistency, certainty, and fairness in the Common Law.

Definition: Common Law - A body of law developed through judicial decisions rather than through statutes or constitutions.

The Court Hierarchy

The court hierarchy plays a crucial role in establishing binding precedents:

  1. Supreme Court highesthighest
  2. Crown Court
  3. Magistrate's Court lowestlowest

Decisions made in higher courts create binding precedents that lower courts must follow in similar cases.

Exceptions to Precedent

There are two main exceptions to following precedent:

  1. Distinguishing: When a judge determines that the current case has different legal principles or facts from the precedent.
  2. Overruling: When a higher court states that a lower court's decision was incorrect and overturns it.

Statutory Interpretation

Judges also contribute to law-making through their interpretation of statutes or Acts of Parliament. There are three main rules of statutory interpretation:

  1. The Literal Rule: Judges use everyday, ordinary meanings of words in the statute.

Example: In R v Maginnis 19871987, judges found different meanings for the word 'supply'.

  1. The Golden Rule: Allows modification of literal meanings to avoid absurd results.

Example: In Adler v George 19641964, the court used the golden rule to interpret the Official Secrets Act 1920 to avoid an absurd outcome.

  1. The Mischief Rule: Allows the court to enforce the statute's intent rather than its literal wording.

Example: In Corkery v Carpenter 19511951, the court interpreted 'carriage' in the Licensing Act 18721872 to include a bicycle, focusing on the Act's intention to regulate all forms of transport.

These judicial processes of law-making demonstrate the dynamic nature of the UK legal system, allowing for both consistency through precedent and flexibility through interpretation.

AC 1.1: describe processes
used for law making ●
●
Parliament passes
laws/statues/legislation
with Acts of Parliament,
and is made up of the

View

Judicial Law Making Process

The judicial process of law-making operates through precedent and statutory interpretation. The UK legislative process includes three main rules for statutory interpretation: literal, golden, and mischief rules.

Example: In Corkery v Carpenter 19511951, the court interpreted 'carriage' to include bicycles under the Licensing Act 1872.

Vocabulary: Binding precedent means lower courts must follow decisions made by higher courts in similar cases.

Highlight: The Supreme Court sits at the top of the court hierarchy, followed by the Crown Court and Magistrates' Court.

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Criminology

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Jan 20, 2023

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How a Law is Made in the UK: 5 Easy Stages

The law-making process in UKconsists of both Parliamentary and judicial processes, with Parliament creating statutory law through a structured process of bill passage and judges developing common law through precedent and interpretation. The system involves the House of Commons,... Show more

AC 1.1: describe processes
used for law making ●
●
Parliament passes
laws/statues/legislation
with Acts of Parliament,
and is made up of the

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Judicial Processes of Law-Making in the UK

The judicial law making UK process complements the parliamentary system, allowing judges to contribute to the development of law through precedent and statutory interpretation.

Judicial Precedent

Judicial precedent is a cornerstone of the UK legal system, where law-making is based on past judges' decisions. This system creates consistency, certainty, and fairness in the Common Law.

Definition: Common Law - A body of law developed through judicial decisions rather than through statutes or constitutions.

The Court Hierarchy

The court hierarchy plays a crucial role in establishing binding precedents:

  1. Supreme Court highesthighest
  2. Crown Court
  3. Magistrate's Court lowestlowest

Decisions made in higher courts create binding precedents that lower courts must follow in similar cases.

Exceptions to Precedent

There are two main exceptions to following precedent:

  1. Distinguishing: When a judge determines that the current case has different legal principles or facts from the precedent.
  2. Overruling: When a higher court states that a lower court's decision was incorrect and overturns it.

Statutory Interpretation

Judges also contribute to law-making through their interpretation of statutes or Acts of Parliament. There are three main rules of statutory interpretation:

  1. The Literal Rule: Judges use everyday, ordinary meanings of words in the statute.

Example: In R v Maginnis 19871987, judges found different meanings for the word 'supply'.

  1. The Golden Rule: Allows modification of literal meanings to avoid absurd results.

Example: In Adler v George 19641964, the court used the golden rule to interpret the Official Secrets Act 1920 to avoid an absurd outcome.

  1. The Mischief Rule: Allows the court to enforce the statute's intent rather than its literal wording.

Example: In Corkery v Carpenter 19511951, the court interpreted 'carriage' in the Licensing Act 18721872 to include a bicycle, focusing on the Act's intention to regulate all forms of transport.

These judicial processes of law-making demonstrate the dynamic nature of the UK legal system, allowing for both consistency through precedent and flexibility through interpretation.

AC 1.1: describe processes
used for law making ●
●
Parliament passes
laws/statues/legislation
with Acts of Parliament,
and is made up of the

Sign up to see the contentIt's free!

Access to all documents

Improve your grades

Join milions of students

By signing up you accept Terms of Service and Privacy Policy

Judicial Law Making Process

The judicial process of law-making operates through precedent and statutory interpretation. The UK legislative process includes three main rules for statutory interpretation: literal, golden, and mischief rules.

Example: In Corkery v Carpenter 19511951, the court interpreted 'carriage' to include bicycles under the Licensing Act 1872.

Vocabulary: Binding precedent means lower courts must follow decisions made by higher courts in similar cases.

Highlight: The Supreme Court sits at the top of the court hierarchy, followed by the Crown Court and Magistrates' Court.

AC 1.1: describe processes
used for law making ●
●
Parliament passes
laws/statues/legislation
with Acts of Parliament,
and is made up of the

Sign up to see the contentIt's free!

Access to all documents

Improve your grades

Join milions of students

By signing up you accept Terms of Service and Privacy Policy

Parliamentary Law-Making Process in the UK

The parliamentary law making process UK is a complex system involving multiple stages and institutions. At its core, Parliament, comprising the monarch and the Houses of Lords and Commons, is responsible for passing laws, statutes, and legislation through Acts of Parliament.

The Houses of Parliament

The House of Lords

The House of Lords plays a crucial role in the law-making process in Parliament. It consists of approximately 800 peers, including:

  • 92 hereditary peers
  • 26 Church of England bishops and archbishops
  • Life peers whocannotpassontheirlordshipwho cannot pass on their lordship

Highlight: The primary function of the House of Lords is to double-check new laws, providing an additional layer of scrutiny in the legislative process.

The House of Commons

The House of Commons is considered the most important part of Parliament due to its composition of elected representatives. It consists of 650 Members of Parliament MPsMPs who are elected in general elections by constituents in their respective areas.

Highlight: The House of Commons holds significant power in the law-making process, as it represents the public directly.

The Government's Role

The government, formed by the party with a majority of MPs, plays a crucial role in initiating legislation. They introduce proposals for laws billsbills that must be agreed upon by both Houses and receive Royal Assent to become law.

Vocabulary: Green Paper - An initial report published before a bill is put to Parliament, designed to provoke public discussion on the subject.

Vocabulary: White Paper - A document published after consultation, setting out detailed plans for legislation and a draft of the bill to be presented to Parliament.

The Parliamentary Stages of a Bill

The stages of a bill through Parliament UK involve a series of readings and debates:

  1. First Reading: Formal introduction and announcement of the bill.
  2. Second Reading: Main debate on the bill's principles.
  3. Committee Stage: Detailed examination of the bill by a committee of MPs.
  4. Report Stage: Consideration of proposed changes by the whole House.
  5. Third Reading: Final debate and vote on the bill.
  6. House of Lords Stage: The bill goes through similar stages in the House of Lords.
  7. Royal Assent: The monarch formally signs the bill, making it an Act of Parliament.

Example: The process from introduction to Royal Assent can take weeks or even months, depending on the complexity and controversy of the bill.

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The app is very easy to use and well designed. I have found everything I was looking for so far and have been able to learn a lot from the presentations! I will definitely use the app for a class assignment! And of course it also helps a lot as an inspiration.

Stefan S

iOS user

This app is really great. There are so many study notes and help [...]. My problem subject is French, for example, and the app has so many options for help. Thanks to this app, I have improved my French. I would recommend it to anyone.

Samantha Klich

Android user

Wow, I am really amazed. I just tried the app because I've seen it advertised many times and was absolutely stunned. This app is THE HELP you want for school and above all, it offers so many things, such as workouts and fact sheets, which have been VERY helpful to me personally.

Anna

iOS user

I think it’s very much worth it and you’ll end up using it a lot once you get the hang of it and even after looking at others notes you can still ask your Artificial intelligence buddy the question and ask to simplify it if you still don’t get it!!! In the end I think it’s worth it 😊👍 ⚠️Also DID I MENTION ITS FREEE YOU DON’T HAVE TO PAY FOR ANYTHING AND STILL GET YOUR GRADES IN PERFECTLY❗️❗️⚠️

Thomas R

iOS user

Knowunity is the BEST app I’ve used in a minute. This is not an ai review or anything this is genuinely coming from a 7th grade student (I know 2011 im young) but dude this app is a 10/10 i have maintained a 3.8 gpa and have plenty of time for gaming. I love it and my mom is just happy I got good grades

Brad T

Android user

Not only did it help me find the answer but it also showed me alternative ways to solve it. I was horrible in math and science but now I have an a in both subjects. Thanks for the help🤍🤍

David K

iOS user

The app's just great! All I have to do is enter the topic in the search bar and I get the response real fast. I don't have to watch 10 YouTube videos to understand something, so I'm saving my time. Highly recommended!

Sudenaz Ocak

Android user

In school I was really bad at maths but thanks to the app, I am doing better now. I am so grateful that you made the app.

Greenlight Bonnie

Android user

I found this app a couple years ago and it has only gotten better since then. I really love it because it can help with written questions and photo questions. Also, it can find study guides that other people have made as well as flashcard sets and practice tests. The free version is also amazing for students who might not be able to afford it. Would 100% recommend

Aubrey

iOS user

Best app if you're in Highschool or Junior high. I have been using this app for 2 school years and it's the best, it's good if you don't have anyone to help you with school work.😋🩷🎀

Marco B

iOS user

THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE THE SCHOOLGPT. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH 😍😁😲🤑💗✨🎀😮

Elisha

iOS user

This app is phenomenal down to the correct info and the various topics you can study! I greatly recommend it for people who struggle with procrastination and those who need homework help. It has been perfectly accurate for world 1 history as far as I’ve seen! Geometry too!

Paul T

iOS user