Unit 4, AC1.1 – Describe the process used for Law Making
Governmental Process:
- Most laws in England and Wales are made in parliament by debating and
voting.
- When a new law is considered, there is a public consultation in the form of
a ‘green paper’.
- From this, the ‘white paper’ for formal proposal for reform is reproduced –
this allows for the bill to be represented in parliament.
- The bill begins in one of the houses and follows a number of stages:
First reading – This is where the title and the main aim of the bill
is read out a formal vote is taken.
Second reading - This is where the main debate takes place which
is followed by another vote.
Committee stage – This is where a chosen group of
representatives look at the bill closely to address any issues and
suggest appropriate amendments.
Report stage - This is where the chose group of representatives
report back to the House of Commons, who them vote on the
proposed amendments.
Third reading – This is where the final vote to accept or reject the
bill takes place.
- All of these stages are repeated in the House of Lords and the Royal
Assent provides a Royal Grant of Approval and is signed by the monarch.
The bill then becomes an Act of Parliament, and the commencement date
is given.
Judicial Process:
Judicial precedent:
- Is where the judge follows previously decided cases where the facts and the point of
law are sufficiently similar.
Case Study- Donoghue vs Stevenson (1932)
- 2 friends in a café each drank a bottle of ginger beer, one of which one had the
remains of a decomposing snail inside. The women who drank the beer felt very ill
and sued the manufacturer and won her case. The court decided a duty of care was
owed to the women – known as the neighbour principle. This case founded the
modern-day law of negligence.
- There are several reasons for not following a past decision if deemed appropriate,
such as distinguishing or overruling. This is only permitted by the senior courts.
- When there is no precedent, the judge must decide and give an original precedent.
Statutory Interpretations:
- Is the way in which lawyers and judges interpret the Acts of Parliament.
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