Ac.1.1 Flashcards
1
Q
What are most laws made by
A
Passing acts of parliament
2
Q
What can laws be referred to
A
Statutes or/and legislation
3
Q
Purpose of house of commons
A
Elected members of parliament debate, scrutinise and pass laws
4
Q
What happens with the majority of seats in commons
A
Forms the gov and its leader becomes the prime minister
5
Q
Why is the house of lords considered the technocratic house
A
Bc many of its members are appointed based on their expertise, knowledge and experience in specific fields
6
Q
Lords often have what
A
Specialised skills and insights, like law, business, science or the arts
7
Q
Bc lords have specilised skills allowing them to do what
A
To scrutinise and refine legislation with A high degree of technical competence
8
Q
How many lords and ladies are there
A
800
9
Q
How many seats MPs
A
650 but only 427 physical chair
10
Q
What does parliament do
A
Check and challenge the work of the GOV. Make and change laws(legislation). Debate the importance issues of the day. Check and approve gov spending like budgeting and taxes
11
Q
Why was the parliament acts of 1911 and 1949 introduced
A
To reduce the power of the unelected house of lords in the law-making process
12
Q
Why was the parliament act 1911 introduced
A
The act removed the lords’ ability to veto money bills completely and limited their power to delay other public bills to two years.
13
Q
Why was the parliament act 1949 introduced
A
This act further reduced the lord’s power to delay non-money bills from two years to one years
14
Q
The crown is a what
A
An integral part of the UK parliament, its monarch playing a largely ceremonial role
15
Q
What are the kings constitutional duties
A
Opening and dissolving parliament and approving bills
16
Q
What is it meant by opening and dissolving parliament
A
The monarch formally opens parliament each year and has the power the dissolve it before the Bernal election.
17
Q
What is it meant by approving bills
A
Once both houses of parliament have passed a bill, it must receive the royal assent to become law
18
Q
What the parliamentary sovereignty
A
Constitutional principle that divides the functions of government into three branches- the legislature, the executive and the judiciary
19
Q
The functions of legislative - parliament
A
Create, amend and scrutinise laws, as well as hold the Gov accountable.
20
Q
The functions of executive - government
A
Implements and enforces laws made by parliament
21
Q
The functions of judiciary - courts
A
Interprets and applies- ensuring fair legal process for both individuals and the gov followed the law
22
Q
Dicey’s conception had two ides
A
unlimited legislative authority and no change to acts of parliament
23
Q
meant by unlimited legislative authority (dicey’s)
A
parliament can legislative on any matter, without restriction
24
Q
meant by no challenge to acts of parliament (dicey’s)
A
no court or other institution can invalidate a law passed by parliament
24
supremacy in legislation ?
parliament's laws are the highest legal authority, shaping the criminal justice system- example new criminal offences or sentencing guidelines
25
the flexibility of law making
no parliament can bind its successors, meaning future parliaments can amend criminal laws to address societal changes or new challenge
26
accountability of law making
parliament's sovereignty ensures that law-making remains transparent and subject to democratic scrutiny, as MPs and lords debate and vote on all criminal laws
27
What is stage 1 of pre-legislative process
Green & white paper
28
What is green& white papers
It is a key Preliminary documents used before a bill is formally introduced.
29
What is the purpose of a green paper
It is a consulate docs, proposing new policies or changes to changes to laws, and getting input from the public or stakeholders.
30
What the nature of the green paper
To outline options and inviting feedback, and open to hear a wide range of views.
31
Example of a green paper
On about education suggesting changes of curriculum and wants response from teachers and students
32
What is purpose of the white paper
It is a formal policy docs which outline the gov’s intentions for new laws after consultation
33
The nature of a white paper
It is a detailed proposals, setting out the final plan, often including a draft bill
34
What is the second stage of the pre-legislative process
Bills
35
What are the three types of bills
Public, private, private members
36
What is a public bills
Most common bills, affects the whole country.
37
Example of a public bill uses
Bills related to education reform, health care or criminal justice
38
How is the public bills introduced
By bringing forward by gov ministers as part of their official duties
39
What is a private bill
The bill applies to specific individuals, organisation or localities rather than the entire population
40
Example of a private bills
Bill concern local authorities or private companies like infrastructure project like railway construction
41
How is a private bill introduced
Sponsorship by organisation like local authorities or Corporations and affect the entity or area specified in the bill
42
What is a specific example of a private bill
House of Lords (hereditary peers) bill- parliamentary bills
43
Who introduces the private member bill
By MPs or lords who are not part of gov
44
Example of the private member bull
The bill often focus on social issues or niche topics like the abortion act 1967
45
How is the private member bill introduced
By back bench MPs or lords through mechanisms like the ballot, ten-minute or presentation
46
Specific example of a private member bill
Firearms (3D printing) bill - parliamentary bills
47
Bills must be agreed by what
Both houses and receive royal assent before they become acts ofparliament
48
What is stage 3 of parliamentary law making
Legislative process in the house of parliament
49
What happens after the bill is formed
Enters the parliamentary process for law making, while it can start in either the House of Lords + commons.
50
What is judicial processes
Decisions made by higher judge making binding decisions for low judges to follow
51
What are law reports
A written record of a court's decisions on a legal issue that sets a precedent for future cases
52
The purpose of law report
This is to provide a reference for courts to ensure consistency of the legal decisions
53
What is stare decisis
Stand by the decision
54
Principle of stare decisis
Courts should follow previous rulings when deciding similar cases
55
How efficient is stare decisis
Saves times by relying on established legal principles
56
How fair is stare decisis
Fairness for D, treating similar cases in A similar manner
57
What is ratio decidendi
Reason for decision
58
What is ratio decidendi
The legally binding part of judge's decision that sets a precedent for future cases
59
What is the importance of ratio decidendi
Core legal principle forming the essential legal reasoning behind a judge's ruling.
60
What is the binding precedent of ratio decidendi
This reasoning must be followed by lower courts in similar cases
61
Case that links to ratio decidendi
Donoghue V Stevenson
62
Facts of Donoghue V steveson
Women drank ginger beer containing a decomposed snail causing illness. Not able to sue as she wouldn't customer
63
What was the ratio of Donoghue v steveson
Manufacturers owe a duty of care to consumers affected by their products
64
What was the ratio of Daniel v white
Apply the same ratio for Donoghue as the facts of case are similar - drank corrosive mental
65
What is the general rule of ratio decidendi
That you don’t discuss the facts of cases unless it is useful to the point you are trying your make which only true when evaluating
66
When do they allow avoiding judicial precedent
Allows do this when the facts are slightly different or the last known case was 1900 but the case is now in 2024- different time/ society
67
When does overruling occur
when a higher court in the hierarchy sets aside a legal ruling made in a previous case by a lower
68
example of overruling
court of appeal 2018
69
what happen in the court of appeal 2018
rules that flying drones over private property without is illegal. Supreme overruled this in 2020. they disagree when flying a drone over private property isn't invasion of privacy
70
what case overrule r v miller 1954
R v R
71
what happen in r v miller 1954
court held that D was not guilty of raping his wife due to the legal principle of implied martial consent. principle was based on the idea that, by marrying, a wife's consent to sexual relations indefinitely as part of the marriage contract- wife is husband's property
72
what happen in R v R
D was prosecuted of rape. the court ruled that the notion of implied marital consent was outdated and no longer applicable in modern society. shift in law.
73
what is reserving
is when the higher court in the hierarchy overturns the decision of a lower court in the SAME CASE during an appeal
74
example of reserving
Gillick
75
what was the original case of Gillick
the court of appeal ruled that doctors could not provide contraceptive advice or treatment to under 16s without paternal consent
76
what did they reserve in the Gillick
reserve that decisions, establishing that under 16s could consent to medical treatment if they had sufficient understanding and intelligence to appreciate what was proposed
77
what is the Gillick case know as
"Gillick competence"
78
what is distinguishing
it allows a court avoid following an earlier precedent when the facts of the current case differ on a meaningful way. ensuring that the law is applied appropriately to each unique situation without being rigidly bound by past decision that may not be entirely relevant
79
what cases links to distinguishing
Balfour v Balfour 1919
Merritt v Merritt 1971
80
what happen in Balfour v Balfour
living together, made an agreement of regular sum to Mrs. B while her Mr. B worked abroad. Mrs. B brought a claim to enforce that agreement
81
ratio if Mrs B v Mr B
it was a domestic arrangement where it can be presumed that legal intention does not exist
82
what happen in Merritt v Merritt 1971
they were separated meaning they intend to make an agreement in writing of payment of regular sum to Mrs M- to pay mortgage. intention to pay mortgage. Mrs M brought claim to enforce the agreement.
83
What was the ratio of Merritt v Merritt
It was binding. COA distinguished the case of B v B on the ground that the parties were separated. Where spouses have separated it is generally considered that they do minted to be bound by their agreements
84
How do judges use statutory interpretation
If the statue meaning is unclear, they will have to interpret to understand parliament’s intention
85
What are the necessary of statutory interpretation
Ambiguity + complexity of language.
Changes over time
Unexpected scenario
86
What does it mean by ambiguity and complexity of language in statutory interpretation
When words have multiple meanings, be vague or lead to different interpretations depending on the context.
87
What does it mean by changes over time in statutory interpretation
Language evolves, and meanings of words can shift, making older statutes harder to apply to modern scenarios
88
What does it mean that unexpected scenario in statutory interpretation
Statutes may not go over all possible situations or tech advancements that arises, requiring judges to fill in gaps
89
What crimes/things have change over time
Theft, marriage and communication
90
What has changed about theft
Originally meant the physical taking of property; now includes forms like intellectual property theft and cybercrime
91
What has changed about marriage
Traditionally a union between a man and women; redlined by legislation- same sex couples act 2013- same sex union
92
How has communication change over time
Previous meant talking, letters or phones calls; nones covers emails, texts, social media, impacting cases of harassment, defamation or privacy
93
What rules are there for statutory interpretation
Literal, golden, mischief and purposive approach
95
What is the literal rule
This rule is applied first. Takes the words as the word literal meaning even if it results in an outcome that seems unfair or absurd.
96
What is the constitutional basis on the literal rule
Respects parliamentary sovereignty by ensuring judges do not relate or modify laws, upholding parliament’s role as the sole law-making body.
97
Case for the literal rule
Whitely v Chappell 1868
98
What statute was made in Whitley v Chappell 1868
Statue made it an offence ‘to impersonate any person entitled to vote’. D used a vote of a dead man statue relating to voting rights required a person to be living in order to be entitled t vote
99
What was held in whitely v Chappell 1868
Literal rule was applied and D was thus acquitted since the dead person wasn’t entitled to vote
100
What is the golden rule
If literal rule leads to an absurd result.
101
What is the narrow approach of the golden rule
Courts can modify the meaning of words where a word or phrase has more than one meaning
102
What is the wide approach of the golden rule
If the literal rule leads to a result that is absurd to repugnant to the Bernal purposive of the statute, the court can depart for the literal meaning altogether
103
Case of golden rule narrow approach
R v Allen 1872
104
Facts of R v Allen 1872
D was charged with biamy. Section state “whoever being married, shall may any other person during the lifetime of the former husband or wife guilty of offence” can marry someone else if you’re already neared
105
Held for R v Allen 1872
Applied the narrow approach, the word ‘marry’ should be given a meaning of ‘going through a ceremony of marriage’ and found D guilty
106
Case for wide approach for golden rule
Alder v George 1964
107
Facts of alder v George 1964
Official secret act 1920- illegal to obstruct a member of the armed force when in the vicinity of a prohibited place. D was inside the airbase as opposed to with the vicinity of it.
108
Held of alder v George 1964
Applied the wide approach, court held that “in the vicinity of” included being inside the place to action an absurd result, and D was convicted
109
What case formed the mischief rule
Heydon’s case 1584
110
What is the mischief rule
Judges use it to understand what problem parliament intended to solve when passing the law, ensure the statue’s purposed is fulfilled
111
Judges use it to understand what problem parliament intended to solve when passing the law, ensure the statue’s purposed is fulfilled
112
Case for mischief rule
Smith v Hughes’s 1960
113
Facts of smith v hughes 1960
Ds were prostitutes who been charged under the street offence act- illegal to solicit in a place. Prostitutes we’re soliciting from premised in windows so they could been seen by the public
114
Held for smith v hughes 1960
Court applied the mischief rule holding that the activities of Ds Wes within the mischief the act was aimed at even though under literal rule they would be in a private place, but trying to stop soliciting
115
What is the purposive approach
They look at what parliament intend for law when it was created. Using context, background and intended outcomes- to fulfil purpose.
116
Case for purposive approach
Jones v tower boot company
117
Facts of jones v tower boot company 1997
He was being racially harassed, court deciding if it fell under ‘the course of employment’ under s32 of the race relation act 1976.
118
What was the issue of jones v tower boot company 1997
Employer argued that the actions fell outside the course of the workmate’s employment, bc such behaviour was part of their job
119
Held for jones v tower boot company 1997
Parliaments intention when enacting the race relations act 1976 was to eliminate discrimination in the workplace and this would not be achieved by applying a narrow construction to the wording. Employer were liability paid compensation
