AC 1.1 Questions
Describe judicial involvement in law making. [4]
One way that Judges can influence law making is through judicial precedent, decisions made by judges based on the
facts of a case which become law. These decisions are binding and must be abided by the lower courts. When a court
faces a case with similar facts and principles, they must follow and apply the precedent set in the case before. It is
only in higher courts such as the Supreme Court where they can overrule or distinguish the precedent if it is not
deemed appropriate or relevant. If no prior precedent exists, judges can give an original precedent.
Another way they can influence law making is through statutory interpretation. Judges in higher courts have the
power to interpret words and/or phrases within a statute. An example of this is the case of Whiteley v Chappell in
1868, the defendant faced charges for impersonating a person with ‘the right to vote’, however, it was discovered
the person he impersonated had died and it was determined by the judge that a dead person does not have a right
to vote and therefore he was found innocent.
Explain how the Government make the law. [6]
The government make law through a series of stages that involve debates, proposals and voting in parliament and
between the House of Commons and the House of Lords. This is to ensure there are no mistakes and to determine
the necessity of the proposed law. When a law is proposed it is first produced as a green paper (part of public
consultation) with the proposed title, following its approval by the ministers a white paper will then also be
produced. This allows the proposed Bill (draft act of the law) to be presented to parliament. There are a range of
different tyoes of bill including a public bill, most common which will affect everyone nationally, then other froms
such as private bills proposed by individual MP’s and Government bills which are proposed by the elected
government. A first reading of the bill will take place and the aims of the bill are read out, and to see if it will proceed
a vote takes place. If the bill passes the vote it will move onto a second reading, the main debate about the bill will
occur at this stage and further voting will occur. After this a group of representatives that make up a committee and
look in depth at the bill, looking for mistakes and propose amendments in a report known as the report stage. After
this there is a third reading with the proposed amendments, following which there will be a final vote. The prior
stages are repeated in a ping-pong between the House of Commons and House of Lords where they will finalise
and/or reject the proposals and make final amendments. Lastly, the bill will be sent off for the Royal assent where
the Monarch signs the bill (a symbolic stage), and it is then commenced as a law and act of parliament.
Describe judicial involvement in law making. [4]
One way that Judges can influence law making is through judicial precedent, decisions made by judges based on the
facts of a case which become law. These decisions are binding and must be abided by the lower courts. When a court
faces a case with similar facts and principles, they must follow and apply the precedent set in the case before. It is
only in higher courts such as the Supreme Court where they can overrule or distinguish the precedent if it is not
deemed appropriate or relevant. If no prior precedent exists, judges can give an original precedent.
Another way they can influence law making is through statutory interpretation. Judges in higher courts have the
power to interpret words and/or phrases within a statute. An example of this is the case of Whiteley v Chappell in
1868, the defendant faced charges for impersonating a person with ‘the right to vote’, however, it was discovered
the person he impersonated had died and it was determined by the judge that a dead person does not have a right
to vote and therefore he was found innocent.
Explain how the Government make the law. [6]
The government make law through a series of stages that involve debates, proposals and voting in parliament and
between the House of Commons and the House of Lords. This is to ensure there are no mistakes and to determine
the necessity of the proposed law. When a law is proposed it is first produced as a green paper (part of public
consultation) with the proposed title, following its approval by the ministers a white paper will then also be
produced. This allows the proposed Bill (draft act of the law) to be presented to parliament. There are a range of
different tyoes of bill including a public bill, most common which will affect everyone nationally, then other froms
such as private bills proposed by individual MP’s and Government bills which are proposed by the elected
government. A first reading of the bill will take place and the aims of the bill are read out, and to see if it will proceed
a vote takes place. If the bill passes the vote it will move onto a second reading, the main debate about the bill will
occur at this stage and further voting will occur. After this a group of representatives that make up a committee and
look in depth at the bill, looking for mistakes and propose amendments in a report known as the report stage. After
this there is a third reading with the proposed amendments, following which there will be a final vote. The prior
stages are repeated in a ping-pong between the House of Commons and House of Lords where they will finalise
and/or reject the proposals and make final amendments. Lastly, the bill will be sent off for the Royal assent where
the Monarch signs the bill (a symbolic stage), and it is then commenced as a law and act of parliament.
