Ac 1.1 Flashcards
What are the stages that occur for a billing in order
1) First reading
2) Second reading
3) Committee stage
4) Report stage
5) Third reading
6) The Lords
7) Royal assent
Goverment parliamentary processes of law - How many parts are made up
- The monarch
- The houses of lords
-The houses of commons
What is Judicial precedent
- The source of law making in which they base around past decisons of court cases which which they can base their principle on.
What are the exceptions to precedent
Distinguishing: A precedent may be overruled if the evidence in the case is strong enough to disregard ones from previous cases.
Overruling: Where a court higher up in the hierachy will determine if the case is wrong
What is Statutory interpretation
Judges can make law by the way they interpret statues or acts of parliment. Statues are a written law and will help judges to judge their cases
The 3 types of statutory interpretation
- The literal rule: Where courts simply look at the statue and apply them
- The golden rule: Is a modification of the literal rule. If the literal rule produces absurdity court can look for other ways to avoid it
- The mischief rule: Requires the court to look at the law before a legislation was passed to discover any gaps or mischief