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 (1951), 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.

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 (who 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 (MPs) 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 (bills) 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.