Law Making

Question 1

What are the influences on parliament?

Answer 1

Political
Public opinion
Pressure groups
Lobbyists

Question 2

What are political influences?

Answer 2

Each party has its own polices before a general election
When elected these polices will have a major influence on laws

Question 3

Advantages of political influences

Answer 3

Each party has its proposals known before they are elected
A government majority means that most laws introduced will be passed

Question 4

Disadvantages of political influences

Answer 4

New government may repeal or alter laws made by the previous government

Question 5

What is public opinion?

Answer 5

Strong public opinion or media reports can lead to a change in law

Question 6

Advantages of public opinion

Answer 6

Play an important role in highlighting issues of social concern

Question 7

Disadvantages of public opinion

Answer 7

Responding quickly to incidents may lead to poorly drafted laws
Media can be accused of manipulating the news and creating public opinion

Question 8

what are pressure groups?

Answer 8

Groups with particular interests can bring issues to the attention of the general public and law makers

Question 9

Advantages of pressure groups

Answer 9

Raises important issues
Wide range of important issues is drawn to the attention of parliament

Question 10

Disadvantages of pressure groups

Answer 10

Trying to impose their will on the majority
pressure groups may have conflicting interests

Question 11

What are lobbyists?

Answer 11

People who meet MPs in the lobbies of parliament in order to persuade them to support their cause

Question 12

Advantages of lobbyists

Answer 12

Brings issues to parliaments attention
Anyone can lobby their MP

Question 13

Disadvantages of lobbyists

Answer 13

Big businesses use lobbyists giving them more influence than the general public
Led to the cash-for-questions affair

Question 14

What is the legislative process?

Answer 14

Green paper
White paper
Consultation
First reading
Committee stage
Report stage
Third reading
Same procedure in the other house
Royal assent

Question 15

Advantages of the legislative process

Answer 15

Democratic
Allows full reform of Law
Consultation before bill is presented to parliament
Discussion in both houses during the legislative process

Question 16

Disadvantages of the legislative process

Answer 16

Long process
Limited parliamentary time may prevent laws being made
Acts can be long and complex
Wording of the act can be difficult to understand
Not possible to include all the detail needed

Question 17

What is delegated legislation?

Answer 17

Law made by some person or body other than parliament, but with the authority of an act of parliament

Question 18

Advantages of delegated legislation

Answer 18

Time saving
Policy over detail
Quick
Acts of Parliament can be brought into force

Question 19

Disadvantages of delegated legislation

Answer 19

Undemocratic
sub-delegation
Obscure wording can confuse people

Question 20

What is the literal rule?

Answer 20

Words in an act are given their ordinary, natural, dictionary meaning

Question 21

Literal rule Key case:
Fisher v Bell

Answer 21

A shopkeeper had a flick knife in his window with a price tag on it.
Restrictions of offensive weapons act 1959 made it illegal to ‘offer’ flick knifes
In ordinary contract goods on a shelf are not an ‘offer’ but they are an ‘invitation to treat’
Lord Justice Parker applied the literal rule and found that the shop keeper had not committed an offence

Question 22

What is the golden rule?

Answer 22

A judge can choose the best interpretation of ambiguous words or avoid an absurd or repugnant result

Question 23

Golden rule key case:
Adler v George

Answer 23

issue of interpretation of the statutory phrase “in the vicinity of” in the context of the Official Secrets Act 1920, and determining whether the defendant’s conduct fell within the scope of the statutory provision regarding obstruction of members of the armed forces engaged in security duty at a prohibited place.
The defendant was found guilty

Question 24

What is the mischief rule?

Answer 24

the judge looks at the gaps in the law before the act was passed and interprets the words to cover the gap and deal with the mischief

Question 25

What are the four points that need to be considered when it comes to the mischief rule?

Answer 25

Was there a common Law before the making of the Act?
What was the mischief and defect for what the common law did not provide?
What was the remedy the parliament had resolved and appointed to cure the disease of the commonwealth?
The true reason of the remedy

Question 26

Mischief rule Key case:
Smith v Hughes

Answer 26

established the Mischief Rule legal principle that soliciting from a house, while not physically being in the street, can still constitute soliciting “in a street” within the meaning of legislation aimed at preventing solicitation in public places

Question 27

Advantages of literal rule

Answer 27

Follows the words that parliament intended
makes laws more certain
Respects the separation of powers
Forces parliament to focus on the language used when making the laws

Question 28

Disadvantages of literal rule

Answer 28

Assumes every act is perfectly drafted
Words may have more than one meaning
Following the words of an act can lead to unfair decisions
Can demand unrealistic perfection of words

Question 29

Advantages of the golden rule

Answer 29

respects the exact words of parliament except in limited situations
Can provide a sensible decision in cases where the literal rule would lead to an absurd outcome

Question 30

Disadvantages of the golden rule

Answer 30

Very limited in its use
It is an escape route but it cannot do much

Question 31

Advantages of the mischief rule

Answer 31

Preferred by the law commission
More likely to produce a just result

Question 32

Disadvantages of mischief rule

Answer 32

There is a risk of judicial law making when this rule is used
Senior judges don’t always come to an agreement
May lead to uncertainty in the law
Not as wide as the purposive approach

Question 33

What does stare decisis mean?

Answer 33

Stand by what has been decided and do not unsettle the established

Question 34

What does ratio decidendi mean?

Answer 34

The reason for the decision

Question 35

what does obiter dicta mean?

Answer 35

other things said

Question 36

Advantages of precedent

Answer 36

Certainty
Consistency and fairness of the law
Precision
Flexibility
Time saving
Filling gaps

Question 37

Disadvantages of precedent

Answer 37

Rigidity
Complexity
Illogical distinctions
Slowness of growth
Uncertainty

Question 38

What is the commission within EU law?

Answer 38

Those whose duty it is to act in the Unions interest
Proposes legislation
Tries to ensure that the Treaties are implemented in each member state

Question 39

What is the European Parliament?

Answer 39

members elected by citizens in each member state
Can co-legislate on an equal footing with the council in most places

Question 40

What is the council of the European Union?

Answer 40

Consists of ministers from each member state
Responsible for broad policy decisions

Question 41

What is the court of Justice of the European Union?

Answer 41

One judge from each member state
Decides if member states have failed in obligations
Rules on points of EU law when cases are referred under Article 267 TFEU

Question 42

What are EU regulations?

Answer 42

Laws issued by the council of Ministers which are binding on member states allowing an individual to rely on that law

Question 43

What are EU directives?

Answer 43

laws issued by council of Ministers requiring members states to bring their own law so that harmony of law is achieved throughout the EU

Question 44

What is direct effect?

Answer 44

An EU law that an induvial can rely on as authority for their case
Applies to laws in Treaties and Regulations