ac 1.1

Cards (39)

  • Parliament
    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)