Law Making Flashcards
How often must a general election be held?
Every 5 years
What is a sectional pressure group?
Promotes the interests of particular section of society, ie National Farmers Union
What is a cause pressure group?
Group which fights for a specific cause, ie League Against Cruel Sport
What is the order for the stages or parliamentary law making?
Green paper, white paper, first reading, second reading, committee stage, report stage, third reading, HoL, royal ascent
Which type of DL is made by the monarch and the privy council?
Orders in council
Which type of DL is made by ministers and gov departments?
Statutory instruments
Which type of DL is made by local authorities
Bylaws
Define “stare decisis”
When you stand by what has been decided
Define “ratio decidendi”
The judgement explaining the court’s decisions
Define “obiter dicta”
Any other judgement that didnt set precedent
Define “binding precedent”
Precedent which must be followed, set by the ratio decidendi
Define “original precedent”
When points of law are addressed for the first time
Define “persuasive precedent”
When precedent isn’t binding for future cases
What are the two parliamentary controls on DL
Affirmative and negative resolution procedures
What does it mean if DL is deemed “ultra vires”
The person/body who created the DL has gone beyond the parameters set out in the parent act
What is statutory interpretation?
How the courts determine what the law means
Describe the literal rule
The law is taken to mean exactly as it is written
Describe the golden rule
The law is taken literally, but avoiding inconsistencies and absurdity
Describe the mischief rule
When you look at the law beforehand in order to see what gap the new legislation covered
Describe the purposive approach
When you apply the law based on the intentions of parliament when they passed the legislation
