Ac1.1 Describe process for law making Flashcards
What is the Governmental process used for law making?
Stages of Governmental law making:
Green paper, White paper, First Reading, Second Reading, Committee Stage, Report Stage, Third Reading, Lords and Royal Assent
What is Judicial precedent?
Where past decisions of judges create laws for future judges to follow, stare decisis. decisions made in higher court create a precedent for all lower courts to follow
What are the exceptions to Judicial Precedent?
Distinguishing and Overruling are exceptions to judicial precedent, Distinguishing means that facts are different in a case, Overruling is that a higher court determines a previous legal decision was wrong and overturns it.
What is statutory interpretation?
Judges can make laws by the way they interpret the law/statues. There are literal rule, golden rule and mischief rule.
What is literal rule?
Judges should use the everyday meaning of the words in a statute BUT words can
have several meanings.
Case study for literal rule
R v Maginnis (1987)– different meanings
were found for the word supply (of
drugs).
What is Golden Rule?
Literal rule can sometimes lead to an absurd result. Golden rule can be applied to avoid this.
Case Study for Golden Rule
Official Secrets Act (1920):
offence to obstruct Royal
Forces near to a prohibited
place. Adler v George (1964)
Adler stated he had not broken
law as he was actually in it.
Golden rule applied and Adler
convicted.
what is the Mischief rule?
The mischief rule allows
the court to enforce
what the statute was
intended to achieve,
rather than what the
words actually say.
Case study for Mischief Rule
Licensing Act (1872):
offence to be drunk in
charge of a carriage.
Corkery (1951) was found
guilty though he was in
charge of a bicycle.
