ac 1.1

• 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)