Ac1.1 Flashcards
What is Judicial precedent?
Past judges decisions creates laws for future judges.
Fairer, Easier and more consistent
What are the 2 main situations Court doesn’t follow precedent?
Distinguishing- facts in both cases are the same.
Overruling- a higher court can change the outcome of lower courts.
What is Statutory Interpretation?
Judges can interpret the law
3 main interpretation rules?
Literal Rule- use of everyday meaning of words in statute
Golden Rule- allows court to modify literal meaning to avoid absurd result
Mischief Rule- allows court to look to the problem parliament want to fix
What is the information of HOC?
650 MP’s
make laws and decisions
elected reps
What is the information on HOL?
800 peers
clarify the laws
make decisions
What information on the King in Parliament?
1 monarch
final say
gives the bill royal assent to become a law
What is the start of the law making process?
Starts off as green paper which is initial discussion and then to the white paper where it is a documented bill, ‘draft legislation’
What is the First section of the Law making process?
Starts in the HOC, 1st reading, 2nd reading, Committee Stage (select committee) and the report stage
What is the second section of the law making process ?
The third reading (final vote), The HOL (every stage repeated,’ping pong politics’), Report back to HOC and then finally the Royal Assent
What is primary legislation?
Laws made by parliament directly.