Law Making Flashcards
What is the literal rule?
Give the word its plain and ordinary meaning
Advantages of the literal rule
It respects the doctrine of Separation of Powers
It is democratic and upholds Parliamentary Sovereignty
What is the golden rule?
The judge can modify the meaning of a word
Advantages of the golden rule
● It is a quicker way of closing loopholes
● It aims to keeps to the words Parliament used
Disadvantages of the golden rule
Limited in its use - only used when the literal rule will lead to an absurd result
What is the mischief rule?
The judge looks at the gap in the law before the Act was passed and interprets the words to cover the gap
Advantages of the mischief rule
Produces a ‘just result’
Disadvantages of the mischief rule
Uncertainty in the law, difficult to give legal advice
It can lead to law being applied
retrospectively
what are government bills?
Once a bill has been debated and then approved by each House of Parliament, and has received Royal Assent, it becomes law and is known as an act
What is a public bill?
A public bill is a proposed law which would apply to everyone within its jurisdiction
What is a private members bill?
A private member’s bill is a bill (proposed law) introduced into a legislature by a legislator who is not acting on behalf of the executive branch.
What is a private bill?
A bill that only applies to a small amount of people
What is a green paper?
If a government is unsure about the details of a law it wishes to introduce it issues a green paper
What is a white paper?
A government publishes it with a firm proposal for new law taking into account the views received from the green paper consultation
