1.1

Parliament

The UK is a parliamentary democracy where laws are made by passing Acts of Parliament, consisting of the Monarch, House of Lords, and House of Commons.

House of Lords

Comprises 800 peers (92 hereditary, the rest life peers). Their main purpose is to act as a "double check" on new laws.

House of Commons

Made of 650 elected representatives, each chosen by their constituency at a general election.

The Government

Formed by the political party with the majority of the 650 MPs; their job is to run the country. The Prime Minister is the leader of this party.

Green Paper

An initial report produced before a bill goes to Parliament to provoke public discussion and gather responses from interested parties.

White Paper

A document produced after consultation setting out specific plans for legislation, often including a draft version of the bill.

First Reading

A formal announcement of the bill followed by a vote to move to the next stage; no debate occurs here.

Second Reading

The main principles of the bill are debated by the whole House of Commons, followed by a vote.

Committee Stage

The bill is examined in detail by a small committee of MPs who propose specific changes and report back to Parliament.

Report Stage

MPs debate the committee's report and vote on proposed amendments; this can take several days for major bills.

Third Reading

The final chance for the Commons to debate the bill. No further amendments can be made; it is either passed or rejected.

The Lords' Stage

The bill goes through the same stages in the House of Lords. If amended, it returns to the Commons, who have the final say as elected representatives.

Royal Assent

The final stage where the Monarch signs the bill, making it an Act of Parliament. It becomes law immediately unless a Commencement Order states otherwise.

Judicial Precedent

A source of law-making where past decisions of a judge create law for future judges to follow (common law).

Stare decisis

A Latin term meaning "to stand by things decided," which is the foundation of judicial precedent.

Court Hierarchy (Precedent)

The Supreme Court sits at the top, followed by the Crown Court and Magistrate Court. Higher court decisions create binding precedent for lower courts.

Donoghue v Stevenson (1932)

The "snail in the ginger beer" case. It established the "neighbour principle" and the modern law of negligence.

Statutory Interpretation

The process where judges interpret the specific meaning of words in a statute/Act of Parliament.

The Literal Rule

Judges use the everyday, literal meaning of words, even if the result is unjust. Case: LNER v Berriman (1946) (widow denied compensation for "oiling" tracks).

The Golden Rule

Allows the court to modify the literal meaning to avoid an absurd result. Case: R v Allen (changing the meaning of "marry" to "going through a ceremony" in bigamy).

The Mischief Rule

Allows courts to enforce what the statute intended to achieve rather than the literal words. Case: Smith v Hughes (1960) (prostitutes soliciting from balconies).

Distinguishing

An exception to precedent where a judge deems the facts of the present case too different from a past case to follow the previous decision.

Overruling

An exception to precedent where a higher court decides a legal decision in an earlier, different case was wrong and overturns it.

Ministry of Justice

The umbrella organization that oversees the entire legal system and links all agencies together.

Police and CPS

The police provide evidence for the prosecution; the CPS advises the police on lines of inquiry and instructs them on which charges to bring.

Police and Courts/Prisons

Police give evidence as witnesses and protect vulnerable witnesses. They also arrest prisoners who breach license terms and manage the sex offender list (Sarah’s Law).

CPS and Courts

The CPS prepares the prosecution case against offenders and prepares appeals against sentences deemed "unduly lenient."

HM Courts and Tribunal Service

Supervises the efficient running of the court system. They hold prisoners attending court and arrange video links for prisoners giving evidence.

National Probation Service

Prepares pre-sentencing reports for courts, supervises offenders on community sentences, and manages prisoners released on license.

Prison Service and Courts

Carries out custodial sentences imposed by the court and supervises offenders remanded in custody.

Sentencing Council

Develops guidelines for the courts and works with the judiciary to produce standardized sentencing principles.

Campaigns for Change

Advocacy groups that interact with the Courts, Prisons, Police, MoJ, and Home Office to push for legal reform.