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Unit 4: AC 1.1- describe processes used for law making
Judicial Processes of Law-Making in the UK
The judicial law making UK process complements the parliamentary system, allowing judges to contribute to the development of law through precedent and statutory interpretation.
Judicial Precedent
Judicial precedent is a cornerstone of the UK legal system, where law-making is based on past judges' decisions. This system creates consistency, certainty, and fairness in the Common Law.
Definition: Common Law - A body of law developed through judicial decisions rather than through statutes or constitutions.
The Court Hierarchy
The court hierarchy plays a crucial role in establishing binding precedents:
- Supreme Court
- Crown Court
- Magistrate's Court
Decisions made in higher courts create binding precedents that lower courts must follow in similar cases.
Exceptions to Precedent
There are two main exceptions to following precedent:
- Distinguishing: When a judge determines that the current case has different legal principles or facts from the precedent.
- Overruling: When a higher court states that a lower court's decision was incorrect and overturns it.
Statutory Interpretation
Judges also contribute to law-making through their interpretation of statutes or Acts of Parliament. There are three main rules of statutory interpretation:
- The Literal Rule: Judges use everyday, ordinary meanings of words in the statute.
Example: In R v Maginnis , judges found different meanings for the word 'supply'.
- The Golden Rule: Allows modification of literal meanings to avoid absurd results.
Example: In Adler v George , the court used the golden rule to interpret the Official Secrets Act 1920 to avoid an absurd outcome.
- The Mischief Rule: Allows the court to enforce the statute's intent rather than its literal wording.
Example: In Corkery v Carpenter , the court interpreted 'carriage' in the Licensing Act to include a bicycle, focusing on the Act's intention to regulate all forms of transport.
These judicial processes of law-making demonstrate the dynamic nature of the UK legal system, allowing for both consistency through precedent and flexibility through interpretation.
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 , 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
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 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 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:
- First Reading: Formal introduction and announcement of the bill.
- Second Reading: Main debate on the bill's principles.
- Committee Stage: Detailed examination of the bill by a committee of MPs.
- Report Stage: Consideration of proposed changes by the whole House.
- Third Reading: Final debate and vote on the bill.
- House of Lords Stage: The bill goes through similar stages in the House of Lords.
- 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.
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The app is very easy to use and well designed. I have found everything I was looking for so far and have been able to learn a lot from the presentations! I will definitely use the app for a class assignment! And of course it also helps a lot as an inspiration.
Stefan S
iOS user
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
Android user
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
Paul T
iOS user
The app is very easy to use and well designed. I have found everything I was looking for so far and have been able to learn a lot from the presentations! I will definitely use the app for a class assignment! And of course it also helps a lot as an inspiration.
Stefan S
iOS user
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
Android user
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
Paul T
iOS user
How a Law is Made in the UK: 5 Easy Stages
The law-making process in UKconsists of both Parliamentary and judicial processes, with Parliament creating statutory law through a structured process of bill passage and judges developing common law through precedent and interpretation. The system involves the House of Commons,... Show more
Judicial Processes of Law-Making in the UK
The judicial law making UK process complements the parliamentary system, allowing judges to contribute to the development of law through precedent and statutory interpretation.
Judicial Precedent
Judicial precedent is a cornerstone of the UK legal system, where law-making is based on past judges' decisions. This system creates consistency, certainty, and fairness in the Common Law.
Definition: Common Law - A body of law developed through judicial decisions rather than through statutes or constitutions.
The Court Hierarchy
The court hierarchy plays a crucial role in establishing binding precedents:
- Supreme Court
- Crown Court
- Magistrate's Court
Decisions made in higher courts create binding precedents that lower courts must follow in similar cases.
Exceptions to Precedent
There are two main exceptions to following precedent:
- Distinguishing: When a judge determines that the current case has different legal principles or facts from the precedent.
- Overruling: When a higher court states that a lower court's decision was incorrect and overturns it.
Statutory Interpretation
Judges also contribute to law-making through their interpretation of statutes or Acts of Parliament. There are three main rules of statutory interpretation:
- The Literal Rule: Judges use everyday, ordinary meanings of words in the statute.
Example: In R v Maginnis , judges found different meanings for the word 'supply'.
- The Golden Rule: Allows modification of literal meanings to avoid absurd results.
Example: In Adler v George , the court used the golden rule to interpret the Official Secrets Act 1920 to avoid an absurd outcome.
- The Mischief Rule: Allows the court to enforce the statute's intent rather than its literal wording.
Example: In Corkery v Carpenter , the court interpreted 'carriage' in the Licensing Act to include a bicycle, focusing on the Act's intention to regulate all forms of transport.
These judicial processes of law-making demonstrate the dynamic nature of the UK legal system, allowing for both consistency through precedent and flexibility through interpretation.
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Improve your grades
Join milions of students
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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 , 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
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 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 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:
- First Reading: Formal introduction and announcement of the bill.
- Second Reading: Main debate on the bill's principles.
- Committee Stage: Detailed examination of the bill by a committee of MPs.
- Report Stage: Consideration of proposed changes by the whole House.
- Third Reading: Final debate and vote on the bill.
- House of Lords Stage: The bill goes through similar stages in the House of Lords.
- 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.
We thought you’d never ask...
What is the Knowunity AI companion?
Our AI Companion is a student-focused AI tool that offers more than just answers. Built on millions of Knowunity resources, it provides relevant information, personalised study plans, quizzes, and content directly in the chat, adapting to your individual learning journey.
Where can I download the Knowunity app?
You can download the app from Google Play Store and Apple App Store.
Is Knowunity really free of charge?
That's right! Enjoy free access to study content, connect with fellow students, and get instant help – all at your fingertips.
Can't find what you're looking for? Explore other subjects.
Students love us — and so will you.
4.9/5
App Store
4.8/5
Google Play
The app is very easy to use and well designed. I have found everything I was looking for so far and have been able to learn a lot from the presentations! I will definitely use the app for a class assignment! And of course it also helps a lot as an inspiration.
Stefan S
iOS user
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
Android user
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
Paul T
iOS user
The app is very easy to use and well designed. I have found everything I was looking for so far and have been able to learn a lot from the presentations! I will definitely use the app for a class assignment! And of course it also helps a lot as an inspiration.
Stefan S
iOS user
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
Android user
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
Paul T
iOS user