Made up of the monarch, House of Lords, House of Commons. Make laws referred to as statute.
Role of the Monarch
Gives the royal assent - formal agreement to new law. This officially passes the law
House of Lords
Members called peers. 800 peers - 92 hereditary, 26 CoE bishops, rest are life peers. Higher body of parliament
House of Commons
650 MPs who are democratically elected. Each member represents a different constituency.
Government
Formed of the political party that has been voted in. PM leads and most new law proposals come from here.
Stages: Green Paper
Intention to change the law, public can comment and can put forward suggestions
White Paper
Document setting out detailed plans for legislation. Often includes a draft of the bill.
First reading
Formal announcement of the bill, followed by a vote.
Second Reading
Considers main principles, and leads to a debate by whole HoC, which is voted on. As gov. has support of majority of MPs, they will likely win this vote.
The Committee Stage
Examined in detail by a group of MPs from different parties. Report back to house and recommend changes.
The Report Stage
Gives MPs an opportunity to consider the committee's report and to debate and vote on any amendments.
Third Reading
Final chance for the Commons to debate on the Bill. No amendments allowed at this stage - vote on to pass or reject the Bill.
The Lords
After being passed, goes to HoL. Goes through all stages again. If amended it goes back to Commons, who have final say as they represent the people.
Royal Assent
Monarch signs the bill, formal approval of the law so it will become implemented.
Statutory Interpretation
Judge can interpret a law when there is an issue.
Literal Rule
Gives words their plain,ordinary, meaning even if the outcome is absurd.
Fisher v Bell
Golden Rule
Removes absurdity created by literal rule.
Adler v George
Mischief Rule
Looks at the mischief (problem) created
Smith v Hughes
Purposive Approach
Looks for intention or aim of the act
R v Z
Intrinsic Aids
Anything in the act itself which may help to make its meaning clear
Examples of Intrinsic Aids
Rules of Language
Sections
Long Title
Heading
Preamble
Ejusdem Generis
others must be of the same type
Powell v Kempton Park
Expressio Rule
Judges won't add words to a closed list
Tempest v Kilner
Noscitur a sociis
Other words in the phrase can help determine the meaning
Foster v Diphwys
Extrinsic Aids
help from outside the act, including a dictionary or hansard
Hansard
Record of speeches made in parliament
Pepper v Hart
Stare Decisis
let the decision stand
Precedent
earlier decision set by a judge in a previous case regarded as an example for a future case
Binding precedent
must be followed in future cases as it has been made by a higher court
Persuasive precedent
does not need to be followed but is encouraged to ensure stare decisis
Original precedent
a precedent made for the first time, used for future courts to follow. Becomes binding
4 Elements of a decision
Statement of material facts
Statement of relevant legal principles - ratio decidendi
Discussion of irrelevant legal principles - obiter dicta
Verdict
Ratio decidendi
The reason for the decision
Obiter Dicta
Other things said
Awkward precedent
A precedent that is not correct to follow. Avoided by distinguishing, departing, reversing, or overruling
Distinguishing
Differentiating two similar cases (Balfour v Balfour/Merritt v Merritt)
Departing
Changing from a previous decision (Pepper v Hart)
Reversing
Decision is changed to its original one (Gillick)
Overruling
A judge in a higher court can overrule earlier precedents from lower courts (R v R)