1.1 Describe processes used for law making

name the 2 main ways of law making

government (parliamentary) and judicial system

describe the 3 sections of parliament

house of commons - made up of elective representatives of the public (650mps)

house of lords - made up of peers (someone who is an expert in their field)

monarch - signs off new laws that are passed through parliament (called royal assent)

describe the parliamentary process (all 9 stages)

1. Green paper - Bill sent out to the public (stakeholders) to get their opinion and feedback 

2. White paper - Details the plan for legislation & gets announced to parliament

3. First reading - Formal announcement to parliament that a new law is being proposed 

4. Second reading - Bill is read through in detail and potential amendments are discussed, vote taken 

5. Committee stage - A small group of MPs go through the bill in detail and discuss amendments & changes 

6. Report stage - MPs report back to the house about the amendments vote is taken 

7. Third reading - House discusses the potential amendments and vote is taken to either pass bill or discard it - no further amendments can be made 

8. Other houses (lords) - Bill is passed to the other house (house of lords) and they can suggest amendments, bounces between houses until they are both happy 

9. Royal assent - Monarch/king will sign the Bill after being passed through parliaments

what two ways can judges make laws

setting precedents and statutory interpretation

how do judges make laws through setting precedent

superior judges set precedent by making a ruling about a case - this is binding

lower court judges use precedent as guildlines when sentencing if the facts of the case are similar or the same

2 exceptions to precedent

distinguishing - if facts or the case are too different, judges won’t follow precedent

overruling - if a higher court thinks that a lower court made the wrong decision, they can overrule the decision given

how can judges use statutory interpretation to make laws (3 rules & examples)

literal rule - interpret words as they were literally meant, eg R v Maginnis judges found different meaning of the word ‘supply’ in a case about drugs

golden rule - an exception to literal rule to prevent an absurd result, eg Adler v George tried to use the literal rule to get off a charge because offender wasn’t in the vicinity of the prohibited place but was actually in it

mischief rule - judges interpret law how they were originally meant, eg law stated in the 1800s that you can’t be drunk in charge of a carriage, offender pleaded that he wasn’t in charge of a carriage but a bike - law meant that can’t be in charge of any vehicle