Law in London
Law in London UK
How does a Bill becomes a law?
The first stage of Bill’s passage is the first reading through the House of Common. After first Reading is the second reading. (MP = Members of Parliament) The members of Parliament debate on the bill. In the house of lords is the first stage also the first reading.
Before a law becomes a law it is known as a bill and on its way to becoming a law a bill must pass through both houses of Parliament (House of Commons and House of Lords). Most bills are based on ideas suggestions by the government although any Member of Parliament or Lord can propose a Bill it will get checked by both along the way. All the bills get the same treatment, first every Bill gets introduced so everyone knows its begin its journey to become a law usually a government. Minister who supports the Bill will defend and explain the reason why they think it is a good idea. Other Lords or MP’s will ask questions and either support or challenge with your Bill. After the holding debate the MP or the Lord has the chance to make changes. They can take parts out or add new bits. The journey of a bill comes to an end if most Lords or MP’s vote against. Before it becomes a law both houses must agree on the final wording. If one house changes the bill it must go back to the other house for approaval. Royal assent is the word for the final agreement. If the house of common and the House of Lords agree the Bill comes to the Monarch. When the monarch agrees well then a bill finishes its journey.
Process :
- The first reading (create the bill)
- Second reading (debate)
- Discussion (exact check)
- Coverage (making changes)
- Third reading
Stages
- Examination of the main features of the proposed draft law
- detailed examination and possible proposals for amendments
- detailed examination of the proposed bill. The chairmen decides which changes are to be checked
- Vote on the final constitution
- Royal Assent
Case Law
- involves the decisions of the courts
Law Reports - Is a reprint of the judgment, reasoning made by the judges and a statement of fact
Legislation - Acts of Parliament or Staatutes. Statues lay out Parliaments general intention in a particular field
European Law - Both legislation and cases which must followed by countries who are part of the European Union.
Stages:
- Green and whit
- Fat – First Reading
- Snails – Second Reading
- Can’t – Committee Stage
- Reach – Report Stage
- The – Third reading
- Hand – House of Parliament
- Rails – Royal Assent
- Green Paper
- White Paper
- Bill
- First Reading (Commons)
- Committee Stage (Commons)
- Second Reading (Commons)
- Report Stage (Commons)
- Third Reading (Commons)
- First Reading (Lords)
- Committee Stage (Lords
- Second Reading (Lords)
- Report Stage (Lords)
- Third Reading (Lords)
- Agreement of Bill between both Houses
- Royal Assent
- Act of Parliament
Why does Parliament create new Laws
- The world changes and gets
- Technologie
- Political
- Things that happen
- Laws become out of date
Types of Bills:
Public Bills
Most involve matters of public policy which affect either the whole country or a large section of it
Private Bills
A small number of bills are designed to pass a law which will affect only individual people or corporations
Private member Bill
- Introduced by a private MP which is like to be a public bill, so it Affects a large part of the country
Hybrid Bill
- These are cross between Public and private bill, they are introduced by Government. They are likely to affect a single organization, person or place
Flood v The times
Negligence
Duty of cases
Breach Duty
Damages /loss
D&S 1932 (Donoghue v. Stevenson)
Breach of warrenty
Duty of care
• Proximity / close relationship
o Bourhill v Young Galh-Atkinson
Breach
• Objective Test – Blyth v Bham waterworks 1856
o Nettleship v. Weston
Damages
• Causation – But for the acts /omissions of D, would outcome be the same? If yes D. not liable.
• Remoteness- must be forseeable Bradford Robinson
A duty of care was owed
The defendant was in breach of the duty of care
The claimant suffered loss as a result if the defandant’s actions
AR + MR – Defence = Offence
Actus Reus – guilty Act – Physical Act
Mens Rea – Guilty Mind – Mental Act
Actus reus and mens rea come from the latin facit reum nisi mens sit rea
This means “the act itself does not constitute guilt unless done with a guilt mind.”
Actus non facit reum, nisi mens sit rea
AR= guilty action
MR= Condition of the punishability
Cases in London
Damién is fed up of his wife (Susan). He decides to kill her and puts an overdose of white spirit in her morning tea. She takes a couple of sips and then passes out. Thinking she is dead, Damién drags her out of the house and leaves her on the curb. Kia drives down the road and runs over Susan’s arm, in a panic Kia attempts to put Susan in the passenger seat as she is still breathing. However due to Kia’s stature and build she is unable to physically place Susan in the car as a result Susan’s head is knocked against the car door seven times. At hospital Susan dies from heart failure.
Benny, Gregory and Ronald are experienced drug users. Benny is injected by Gregory which turns out to be a very strong dose. Benny starts to hallucinate and believes that Ronald is a massive wasp trying to sting him. Benny grabs a kitchen knife and tries to stab Ronald (the wasp); as a result Ronald grabs an ash tray and throws it towards his head knocking him out. Gregory injects Benny again hoping it will calm him down, Benny dies 20 minutes later.
(negligent death, consumption of illegal drugs, bodily harm)
Amir and Chelsea decide to create a suicide pack. They go to the zoo with the intention of entering a polar bears enclosure; Amir jumps first but is not followed by Chelsea. Amir is mauled by the polar bear, spectators rush to get Libby the ranger to help. Libby accidently shoots Amir in his leg. Amir is rushed to hospital and is in a grave condition, but he appears to recover after surgery. However, he later dies from infection to the gunshot wound because he had unpicked his stiches.
Advantages of the process of making laws by the Parliament
- This is because the committee stage reads each line of the bill an makes suggestions for change
- This is because it is extremely thorough and allows a lot of chance for debate, scrutiny and amendments if necessary.
Advantages
- Examination in detail
- Different groups (Monarch, Lord, Commmons)
- Democratic
- Allows full reform of the law
- Allow for debates
- Flexibility
- Consultation is before the bill is presented to the Parliament
Disadvantages:
- Takes a long time to become a law (no time frame)
- Delay
- Limited Parliamentary time
- Not possible to cover all detail that is needed
- House of Lords is not democratic
- Hoc Political approach rather than the genuine need for reform