Law Making - 8 Markers TBD

Question 1

Describe the legislative process: Stages 1-4

Answer 1

1. Green paper - A consultation document a minister MAY issue containing reforms which other parties may comment on allowing them to adapt the proposed bill.
2. White paper - Minister MAY propose but has less room for edits and changes
3. Bill is drafted:
   (1) Private members bill
   (2) Private Bill
   (3) Hybrid Bill
   (4) Public Bill - most common
4. First reading: HoC - Formal procedure where the name and main aims of the bill are read.

Question 2

Describe the legislative process: Stages 5-7

Answer 2

5. Second Reading: HoC - Where the debate takes place and a vote will be made via voice or formal.
6. Committee stage: HoC - A committee of MP’s will examine the bill in detail (usually 16-50, financial is all MP’s)
7. Report Stage: HoC - If committee make amendments then has to be debated again and voted on by a full house. No amendments = no report stage

Question 3

Describe the legislative process: HoL and Royal Assent

Answer 3

Lords 1: Same 5 step process, if bill is amended then returned to commons, can form a ‘ping-pong’.
Lords 2: If ‘ping-pong’ continues for a year commons have higher power of Lords, as seen in the Parliaments Act 1911/49.
Royal Assent: Monarch signs bill with a short title as undemocratic for non-elected monarch to go against.

Question 4

Describe the different types of delegated legislation: Orders in Council

Answer 4

• Privy Council made up of the King and Senior politicians from the current cabinet.
  Can overrule Parliament in certain circumstances:
  1. Creating, disbanding and adapting government departments (eg. Dpt. of exiting EU)
  2. Bringing acts/parts of acts of Parliament into force
  3. Dealing with some aspects of foreign affairs
  4. National emergencies when Parliament isn’t sitting
  5. Classifying drugs

Question 5

Describe the different types of delegated legislation: Statutory Instruments

Answer 5

• These give individual gov. dpt. the ability to amend laws. (eg. transport minister>road traffic regulations)
• Short: Making the annual change to minimum wage.
• Long: Police codes of practice by the Lord Chancellor and SOS of justice under the Police and Criminal Evidence Act 1984

Question 6

Describe the different types of delegated legislation: By-Laws

Answer 6

• When local authorities cover matters in their own area (eg. Wirral Borough Council)
• Examples could be: Traffic control, parking restrictions etc.
• Public corp. can also be responsible for by-laws (Eg. Merseytravel)

Question 7

Describe why delegated legislation is needed: 1-3

Answer 7

1. Time to make detailed law: Due to how many things need to be amended and created in law, Parliament doesn’t have time to do everything so they can set up parameters to make someone else deal with it.
2. Expert Knowledge: Parliament are unlikely to have expert knowledge for ALL things. Therefore, they can draw up main principles and allow those with expert knowledge to make further regulations.
3. Consultation: For technical matters, it’s necessary that the law is accurate and workable. Therefore DL allows for consultation to make sure law is workable.

Question 8

Describe why delegated legislation is needed: 1-3 Examples

Answer 8

1. Secretary of State for Work and Pensions can make detailed health and safety regulations for different workplaces.
2. Heathrow Airports Holdings runs and operates Heathrow Airport including its third-runway expansion which was approved by the government
3. Police and Criminal Evidence Act 1984 means the police Code of Practice has to be discussed with police and lawyers.

Question 9

Describe why delegated legislation is needed: 4-6

Answer 9

4. Emergency: Passing an act takes a lot of time and in cases of emergency parliament may not be able to pass laws fast enough. Privy Council can meet on short notice and pass laws.
5. Local Knowledge: Each local area has different priorities and benefit adapting laws for their local benefit. Link to time.
6. Easily amended: Law can easily kept up-to-date by easily amending, or even revoking, laws. It allows ministers to respond to new or unforeseen situations.

Question 10

Describe why delegated legislation is needed: 4-6 Examples

Answer 10

4. The Civil Contingencies Act 2004 allows the government to act in an emergency, e.g. a terrorist attack
5. Licensing Act 2003 allows local councils to regulate alcohol-related issues including drinking bans
6. Ministers could easily amend rules on wearing of face masks and closing of shops/pubs during the COVID-19 pandemic

Question 11

Describe the three rules of SI: The Literal Rule + Cases

Answer 11

Words are interpreted by the plain ordinary dictionary meaning:
- Developed in the 1800’s and is the starting point for interpreting any legislation.
Whitley v Chappell: Dead people not entitled to vote
London & NE Railway Co. v Berriman

Question 12

Describe the three rules of SI: The Golden Rule + Case

Answer 12

Minor interpretation to avoid absurdity:
- Narrow application: Only applicable when word has two meanings and judges can pick most appropriate
- Broad: If word has one clear meaning but would lead to absurdity, judges can modify.
Adler v George

Question 13

Describe the three rules of SI: The Mischief rule + Cases

Answer 13

Interprets the act to cover the gap in the law before the Act was passed:
Heydon’s Case:
1. What’s the law before the making of the act?
2. What was the mischief (gap) for which the law didn’t provide?
3. What was the remedy Parliament resolved?
4. All judges should supress the mischief and advance the remedy
Smith v Hughes

Question 14

Describe the three rules of SI: The Purposive Approach + Cases

Answer 14

Look at what the aim of the law was when it passed by Parliament:
- Broadest interpretation and has become more common sing EU regularly employed this. Due to this British Law needed to make sure it aligned with EU law.
R v Human Embryology Authority

Question 15

Explain why SI is needed:

Answer 15

SEE PRACTICE ANSWER

Question 16

Describe the different aids: Intrinsic Aids

Answer 16

Matters in the act itself that help make the meaning clearer:
- Long title: May explain what act is about
- Preamble: Usually in older acts, sets out Parliaments purpose.
- Interpretation Section: Eg. Theft act and what constitutes property.
- Headings/Schedules
- Use other sections in the act: Harrow LBC v Shah & Shah

Question 17

Describe the different aids: Extrinsic Aids + Cases

Answer 17

1. Dictionaries - If having issues defining words, but will need a dictionary from time of Act’s release. (Cheeseman v DPP)
2. Hansard - Official report of what was said when act was debated. In Pepper v Hart Hansard was allowed use when there were words of extreme absurdity.
3. Law Reform Reports - Often make recommendations so some laws are based on these reports. (Black-Clawson Case)
4. International conventions, EU regulations/directives - Possible translation errors when passing EU law into British Law (Fothergill v Monarch Airlines). Lords said English courts can consider any preparatory notes published with an international conventions.
5. The Interpretation Act 1978 provides definitions for certain words used frequently in legislation.
   Laroche v Spirit of Adventure

Question 18

Describe the types of judgement: Stare decisis

Answer 18

• Schweppes case
• Means stand by what has been said and do not unsettle the established
• So where the point of law and the present case is the same, the court should follow the decision of the previous case = consistent

Question 19

Describe the types of judgement: Ratio decidendi

Answer 19

• Donoghue v Stevenson
• The ratio - the legal principle in each case and the reasons for the decision.
• Per case judge sums up legal arguments then explains legal decision - judgement is binding.

Question 20

Describe the types of judgement: Obiter Dicta

Answer 20

• Non-precedent judgement: Other things said - not binding in court
• Hill v Baxter: can be considered by other courts

Question 21

Describe the Practice Statement and COFA

Answer 21

tbd

Question 22

Describe the types of precedent: Original and cases

Answer 22

A decision in an earlier case which must be followed in later cases:
- Decision in case never done, forms a precedent.
- ‘Reasoning by analogy’ - no past cases so judge look at cases with similar principles
- Hunter v Canary Wharf and Aldreds Case

Question 23

Original Precedent views

Answer 23

Not creating law: Some legal commentators have said law has always been there like Acts, judges are declaring what law is not creating it.
Are creating law: DO create law for original precedent - Fearn and others v Tate Gallery

Question 24

Describe the types of Precedent: Binding

Answer 24

• Must follow the precedent even if judge doesn’t agree.
  Only created when:
  1. Facts are very similar to precedent case
  2. Precedent was set by a senior court hearing the current case.

Question 25

Describe the types of precedent: Persuasive

Answer 25

• Doesn’t have to be followed by later cases, but judge may follow it.
  Examples of types of p.p:
• Decisions from judicial committee Privy Council
• Courts from lower hierarchy
• Statements made OD

Question 26

Describe types of going against the precedent: Overruling

Answer 26

• Court states earlier rule made is wrong
• Examples: SC>CofA
• SC uses practice statement to overrule itself

Question 27

Describe types of going against the precedent: Reversing

Answer 27

• Same as overruling but in the same case
• Fitzpatrick v Sterling HA

Question 28

Describe types of going against the precedent: Distinguishing + Parliament

Answer 28

• Judge avoids having to follow a past decision they otherwise would’ve had to
• Find material facts from case to draw distinction
• Balfour x2/Merritt x 2
• When acts of Parliament overrule cases

Question 29

Describe the types of influencing on Parliament TBD

Answer 29

see sheet