Law Making Flashcards

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1
Q

How often must a general election be held?

A

Every 5 years

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2
Q

What is a sectional pressure group?

A

Promotes the interests of particular section of society, ie National Farmers Union

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3
Q

What is a cause pressure group?

A

Group which fights for a specific cause, ie League Against Cruel Sport

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4
Q

What is the order for the stages or parliamentary law making?

A

Green paper, white paper, first reading, second reading, committee stage, report stage, third reading, HoL, royal ascent

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5
Q

Which type of DL is made by the monarch and the privy council?

A

Orders in council

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6
Q

Which type of DL is made by ministers and gov departments?

A

Statutory instruments

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7
Q

Which type of DL is made by local authorities

A

Bylaws

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8
Q

Define “stare decisis”

A

When you stand by what has been decided

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9
Q

Define “ratio decidendi”

A

The judgement explaining the court’s decisions

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10
Q

Define “obiter dicta”

A

Any other judgement that didnt set precedent

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11
Q

Define “binding precedent”

A

Precedent which must be followed, set by the ratio decidendi

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12
Q

Define “original precedent”

A

When points of law are addressed for the first time

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13
Q

Define “persuasive precedent”

A

When precedent isn’t binding for future cases

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14
Q

What are the two parliamentary controls on DL

A

Affirmative and negative resolution procedures

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15
Q

What does it mean if DL is deemed “ultra vires”

A

The person/body who created the DL has gone beyond the parameters set out in the parent act

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16
Q

What is statutory interpretation?

A

How the courts determine what the law means

17
Q

Describe the literal rule

A

The law is taken to mean exactly as it is written

18
Q

Describe the golden rule

A

The law is taken literally, but avoiding inconsistencies and absurdity

19
Q

Describe the mischief rule

A

When you look at the law beforehand in order to see what gap the new legislation covered

20
Q

Describe the purposive approach

A

When you apply the law based on the intentions of parliament when they passed the legislation