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How Laws Are Made in the UK: 5 Stages of a Bill Becoming a Law

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Bethany Bispham

24/01/2023

Criminology

ac1.1 law making unit 4

How Laws Are Made in the UK: 5 Stages of a Bill Becoming a Law

The law-making process in UK involves three key institutions working together to create and implement legislation, with distinct roles and responsibilities throughout the process.

Key points:

  • Parliament consists of the House of Commons, House of Lords, and the Monarchy
  • How laws are made UK involves multiple stages from proposal to Royal Assent
  • The House of Commons has 650 elected MPs representing constituencies
  • The House of Lords contains approximately 800 peers who scrutinize legislation
  • Judicial processes can also contribute to law-making through precedent and interpretation
...

24/01/2023

315

ACLI LAW MAKING
WHAT THREE PARTS MAICE UP OUR PARLIMENT
The house of Commons
The house of Lords
Monarchy
WHAT IS THE DIFFERENCE BETWEEN THE

View

The Legislative Process

The law-making process in the UK follows a structured path known as the Parliamentary stages of a bill. This process ensures thorough scrutiny and debate of proposed legislation before it becomes law.

A bill can originate in either the House of Commons or the House of Lords and must be approved in identical form by both Houses before it can receive Royal Assent and become an Act of Parliament lawlaw. The 7 steps of law-making in the UK are:

  1. First Reading
  2. Second Reading
  3. Committee Stage
  4. Report Stage
  5. Third Reading
  6. Consideration by the other House LordsorCommonsLords or Commons
  7. Royal Assent

Highlight: If the two Houses disagree on the content of a bill, it may go back and forth between them until a consensus is reached. This process is known as "ping pong."

Example: The Committee stage of a Bill involves detailed examination of the proposed legislation by a smaller group of MPs or Lords, who may suggest amendments.

In addition to the parliamentary process, judges also play a role in shaping the law through two main processes:

  1. Judicial Precedent
  2. Statutory Interpretation

Judicial Precedent, also known as common law, is based on the principle of following decisions made in previous similar cases. This system promotes certainty, consistency, and fairness in the legal system.

Definition: Binding precedent occurs when a decision made by a higher court automatically becomes binding for all lower courts in similar future cases.

There are exceptions to judicial precedent, including:

  • Distinguished cases: When a judge finds the facts of a current case sufficiently different from a previous case to justify a different decision.
  • Overruling: When a higher court determines that a legal decision in a previous case was incorrect and overturns it.
ACLI LAW MAKING
WHAT THREE PARTS MAICE UP OUR PARLIMENT
The house of Commons
The house of Lords
Monarchy
WHAT IS THE DIFFERENCE BETWEEN THE

View

Case Study: R v R (1992) - Marital Rape

The case of R v R 19921992 is a landmark example of how judicial decisions can change the law and societal norms. This case challenged the long-standing notion that a husband could not be guilty of raping his wife.

Key details of the case:

  • The complainant was the defendant's wife
  • The couple had separated in October 1989 but were still legally married
  • In November 1989, the husband broke into his wife's mother's house and attempted to have sexual intercourse without her consent

Quote: "The court upheld his convictions for attempted rape. There was no marital rape exception under English law, and this was a common law fiction that existed. The concept of irrevocable consent of a wife to her husband was classed as an unacceptable concept."

This case effectively abolished the marital rape exemption in England and Wales, marking a significant change in the law's approach to sexual offenses within marriage.

ACLI LAW MAKING
WHAT THREE PARTS MAICE UP OUR PARLIMENT
The house of Commons
The house of Lords
Monarchy
WHAT IS THE DIFFERENCE BETWEEN THE

View

Statutory Interpretation

Statutory interpretation is another way judges can influence the law. This process involves interpreting the meaning of words in statutes ActsofParliamentActs of Parliament and applying them to specific cases.

Judges use three main interpretation rules:

  1. The Literal Rule: Judges should use the everyday meaning of words in the statute.

Example: In R v Maginnis 19871987, a case involving illegal drugs, different judges had varying interpretations of the word 'supply'.

  1. The Golden Rule: This allows the court to modify the literal meaning of a word if it creates an absurd result.
  2. The Mischief Rule: Notexplicitlymentionedinthetranscript,butcommonlyincludedasthethirdmainruleofstatutoryinterpretationNot explicitly mentioned in the transcript, but commonly included as the third main rule of statutory interpretation

These rules help judges navigate the complexities of applying written law to real-world situations, ensuring that the law remains relevant and just.

Highlight: Statutory interpretation plays a crucial role in adapting and applying laws to contemporary contexts, allowing the legal system to evolve without constant legislative changes.

ACLI LAW MAKING
WHAT THREE PARTS MAICE UP OUR PARLIMENT
The house of Commons
The house of Lords
Monarchy
WHAT IS THE DIFFERENCE BETWEEN THE

View

Statutory Interpretation

Judges employ three main rules for interpreting statutes:

Definition: Statutory interpretation involves judges determining the meaning of written laws and applying them to cases.

The interpretation rules include:

  • The Literal Rule: Using everyday word meanings
  • The Golden Rule: Modifying literal meanings to avoid absurd results
  • Purposive Approach: Considering Parliament's intended purpose

Highlight: Different interpretations can arise from the same statutory language, as demonstrated in R v Maginnis 19871987 regarding the word 'supply'.

ACLI LAW MAKING
WHAT THREE PARTS MAICE UP OUR PARLIMENT
The house of Commons
The house of Lords
Monarchy
WHAT IS THE DIFFERENCE BETWEEN THE

View

Statutory Interpretation Methods

Judges employ three main rules for interpreting statutes: the Literal Rule, the Golden Rule, and the Mischief Rule. These interpretation methods help apply written laws to specific cases.

Definition: The Literal Rule requires judges to use the everyday meaning of words in statutes.

Example: In R v Maginnis 19871987, judges had different interpretations of the word 'supply' in a drug-related case.

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Criminology

315

24 Jan 2023

6 pages

How Laws Are Made in the UK: 5 Stages of a Bill Becoming a Law

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Bethany Bispham

@bethanybispham_svoe

The law-making process in UK involves three key institutions working together to create and implement legislation, with distinct roles and responsibilities throughout the process.

Key points:

  • Parliament consists of the House of Commons, House of Lords, and the Monarchy
  • How... Show more

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WHAT THREE PARTS MAICE UP OUR PARLIMENT
The house of Commons
The house of Lords
Monarchy
WHAT IS THE DIFFERENCE BETWEEN THE

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The Legislative Process

The law-making process in the UK follows a structured path known as the Parliamentary stages of a bill. This process ensures thorough scrutiny and debate of proposed legislation before it becomes law.

A bill can originate in either the House of Commons or the House of Lords and must be approved in identical form by both Houses before it can receive Royal Assent and become an Act of Parliament lawlaw. The 7 steps of law-making in the UK are:

  1. First Reading
  2. Second Reading
  3. Committee Stage
  4. Report Stage
  5. Third Reading
  6. Consideration by the other House LordsorCommonsLords or Commons
  7. Royal Assent

Highlight: If the two Houses disagree on the content of a bill, it may go back and forth between them until a consensus is reached. This process is known as "ping pong."

Example: The Committee stage of a Bill involves detailed examination of the proposed legislation by a smaller group of MPs or Lords, who may suggest amendments.

In addition to the parliamentary process, judges also play a role in shaping the law through two main processes:

  1. Judicial Precedent
  2. Statutory Interpretation

Judicial Precedent, also known as common law, is based on the principle of following decisions made in previous similar cases. This system promotes certainty, consistency, and fairness in the legal system.

Definition: Binding precedent occurs when a decision made by a higher court automatically becomes binding for all lower courts in similar future cases.

There are exceptions to judicial precedent, including:

  • Distinguished cases: When a judge finds the facts of a current case sufficiently different from a previous case to justify a different decision.
  • Overruling: When a higher court determines that a legal decision in a previous case was incorrect and overturns it.
ACLI LAW MAKING
WHAT THREE PARTS MAICE UP OUR PARLIMENT
The house of Commons
The house of Lords
Monarchy
WHAT IS THE DIFFERENCE BETWEEN THE

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Case Study: R v R (1992) - Marital Rape

The case of R v R 19921992 is a landmark example of how judicial decisions can change the law and societal norms. This case challenged the long-standing notion that a husband could not be guilty of raping his wife.

Key details of the case:

  • The complainant was the defendant's wife
  • The couple had separated in October 1989 but were still legally married
  • In November 1989, the husband broke into his wife's mother's house and attempted to have sexual intercourse without her consent

Quote: "The court upheld his convictions for attempted rape. There was no marital rape exception under English law, and this was a common law fiction that existed. The concept of irrevocable consent of a wife to her husband was classed as an unacceptable concept."

This case effectively abolished the marital rape exemption in England and Wales, marking a significant change in the law's approach to sexual offenses within marriage.

ACLI LAW MAKING
WHAT THREE PARTS MAICE UP OUR PARLIMENT
The house of Commons
The house of Lords
Monarchy
WHAT IS THE DIFFERENCE BETWEEN THE

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Improve your grades

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Statutory Interpretation

Statutory interpretation is another way judges can influence the law. This process involves interpreting the meaning of words in statutes ActsofParliamentActs of Parliament and applying them to specific cases.

Judges use three main interpretation rules:

  1. The Literal Rule: Judges should use the everyday meaning of words in the statute.

Example: In R v Maginnis 19871987, a case involving illegal drugs, different judges had varying interpretations of the word 'supply'.

  1. The Golden Rule: This allows the court to modify the literal meaning of a word if it creates an absurd result.
  2. The Mischief Rule: Notexplicitlymentionedinthetranscript,butcommonlyincludedasthethirdmainruleofstatutoryinterpretationNot explicitly mentioned in the transcript, but commonly included as the third main rule of statutory interpretation

These rules help judges navigate the complexities of applying written law to real-world situations, ensuring that the law remains relevant and just.

Highlight: Statutory interpretation plays a crucial role in adapting and applying laws to contemporary contexts, allowing the legal system to evolve without constant legislative changes.

ACLI LAW MAKING
WHAT THREE PARTS MAICE UP OUR PARLIMENT
The house of Commons
The house of Lords
Monarchy
WHAT IS THE DIFFERENCE BETWEEN THE

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Improve your grades

Join milions of students

By signing up you accept Terms of Service and Privacy Policy

Statutory Interpretation

Judges employ three main rules for interpreting statutes:

Definition: Statutory interpretation involves judges determining the meaning of written laws and applying them to cases.

The interpretation rules include:

  • The Literal Rule: Using everyday word meanings
  • The Golden Rule: Modifying literal meanings to avoid absurd results
  • Purposive Approach: Considering Parliament's intended purpose

Highlight: Different interpretations can arise from the same statutory language, as demonstrated in R v Maginnis 19871987 regarding the word 'supply'.

ACLI LAW MAKING
WHAT THREE PARTS MAICE UP OUR PARLIMENT
The house of Commons
The house of Lords
Monarchy
WHAT IS THE DIFFERENCE BETWEEN THE

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Statutory Interpretation Methods

Judges employ three main rules for interpreting statutes: the Literal Rule, the Golden Rule, and the Mischief Rule. These interpretation methods help apply written laws to specific cases.

Definition: The Literal Rule requires judges to use the everyday meaning of words in statutes.

Example: In R v Maginnis 19871987, judges had different interpretations of the word 'supply' in a drug-related case.

ACLI LAW MAKING
WHAT THREE PARTS MAICE UP OUR PARLIMENT
The house of Commons
The house of Lords
Monarchy
WHAT IS THE DIFFERENCE BETWEEN THE

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Access to all documents

Improve your grades

Join milions of students

By signing up you accept Terms of Service and Privacy Policy

Parliament Structure and Functions

The UK Parliament is the cornerstone of the British legislative system, comprising three key components: the House of Commons, the House of Lords, and the Monarchy. Each plays a distinct role in how laws are made in the UK.

The House of Commons is arguably the most influential part of Parliament, consisting of 650 elected Members of Parliament MPsMPs representing constituencies across the country. These MPs are chosen during general elections, making the Commons the primary representative body of the people.

Highlight: The government is formed by the political party with the majority of MPs in the Commons, with the Prime Minister leading this party.

The House of Lords, on the other hand, serves as a crucial check and balance in the legislative process. It is composed of approximately 800 peers, including:

  • 92 hereditary peers
  • 26 Church of England bishops and archbishops
  • Life peers themajoritythe majority

Definition: Life peers are individuals appointed to the House of Lords for their lifetime, but the position is not inherited by their descendants.

The main function of the Lords is to scrutinize and debate bills that have been approved by the House of Commons, ensuring thorough examination of proposed laws.

The Monarch's role in the legislative process is largely ceremonial, primarily providing Royal Assent to bills that have passed through both Houses of Parliament.

Vocabulary: Royal Assent is the formal approval given by the Monarch to a bill, transforming it into an Act of Parliament and thus into law.

The UK government, formed by the majority party in the Commons, is the primary source of new legislative proposals. These proposals, known as bills, must navigate a complex process before becoming law.

Example: Before a bill is formally introduced, the government may publish a Green Paper aconsultationdocumentforpolicyproposalsa consultation document for policy proposals or a White Paper amoredetailedpolicydocumentthatmayincludeadraftversionofthebilla more detailed policy document that may include a draft version of the bill.

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Stefan S

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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

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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

Best app on earth! no words because it’s too good

Thomas R

iOS user

Just amazing. Let's me revise 10x better, this app is a quick 10/10. I highly recommend it to anyone. I can watch and search for notes. I can save them in the subject folder. I can revise it any time when I come back. If you haven't tried this app, you're really missing out.

Basil

Android user

This app has made me feel so much more confident in my exam prep, not only through boosting my own self confidence through the features that allow you to connect with others and feel less alone, but also through the way the app itself is centred around making you feel better. It is easy to navigate, fun to use, and helpful to anyone struggling in absolutely any way.

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

very reliable app to help and grow your ideas of Maths, English and other related topics in your works. please use this app if your struggling in areas, this app is key for that. wish I'd of done a review before. and it's also free so don't worry about that.

Rohan U

Android user

I know a lot of apps use fake accounts to boost their reviews but this app deserves it all. Originally I was getting 4 in my English exams and this time I got a grade 7. I didn’t even know about this app three days until the exam and it has helped A LOT. Please actually trust me and use it as I’m sure you too will see developments.

Xander S

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 apps acc the goat. I find revision so boring but this app makes it so easy to organize it all and then you can ask the freeeee ai to test yourself so good and you can easily upload your own stuff. highly recommend as someone taking mocks now

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