Law Making AO1

Question 1

Legislative process

Answer 1

1. Green Paper &White Paper
2. First Reading
3. Second reading
4. Committee stage
5. Report stage
6. Third Reading
7. House of Lords
8. Royal Assent

Question 2

Delegated Legislation

Answer 2

1. Definition (law made by some body other than parliament with the authority of P)
2. Orders in Council (made by Privy council, legislation without debate in P)
   - civil contingencies Act 2004
3. Statutory Instruments (rules by ministers for their department)
   - annual change to minimum wage
4. By-laws (made by local authorities or public bodies)
   -enforcing public behaviour on premises on transport

Question 3

Parliamentary and court controls

Answer 3

1. Approval of parent act (P has initial control over what powers to delegate)
2. Negative resolution procedure (SI will become law unless rejected by P within 40 days)
3. Affirmative resolution procedure (SI will not be law unless approved by P) (PACE Act 1984)
4. Scrutiny by committee (check legislation if it imposes a tax or gone beyond powers of EA)
5. Court controls- legislation is challenged in KBD on the grounds that it is ultra Vires, goes beyond powers of EA
6. Procedural Ultra Vires (where correct procedure set out by EA not been followed)(Aylesbury Mushroom Case)
   7.Substantive Ultra Vires (rule-making body doesn’t have power to do so under EA)(R v Home Secretary)
   8.Wednesbury Unreasonableness (when a decision is so unreasonable that no reasonable body would ever consider imposing it (R v Swindon NHS Trust)

Question 4

Law Commission

Answer 4

1. Topics will be referred to commission by gov or may select areas in need of reform.
2. Researches an area needing reform, publishes consultation papers, seeking views from interested parties and following responses will draw up proposals for reform in a researched report, with a draft Bill.
3. Law commission will prepare Repeal Bills for P to replace old, unnecessary statutes
4. Consolidation (bringing together old statutes into one Act) (Sentencing Act 2020)
5. Codification (bringing together all the law on a topic into a single law)
6. Success- Corporate manslaughter and homicide act 2007

Question 5

Literal rule

Answer 5

1. Plain, ordinary natural meaning of a word and applies this to a case
2. Assumes that P intended what has been written and the approach will achieve the result that P intended
3. Uses dictionary definition
4. LNER v Berryman
5. ‘Oiling’ the tracks is not ‘relaying and repairing’ under the plain, ordinary and natural meaning of the word so no compensation was payable
6. Cheeseman
7. The police were not ‘passengers’ as they were going to the bathroom because of cheeseman
8. Used by formal style judges

Question 6

Golden rule

Answer 6

1. Used as an extension of the literal rule where it leads to an absurd, repugnant or inconsistent decision
2. The literal rule is to be followed unless it leads to an absurdity (Grey v Pearson)
3. Narrow approach (where a word has two meanings, so judge will pick least absurd one)
4. R v Allen (the court held the word ‘marry’ meant to go through a marriage ceremony rather than a legally binding contract as under a literal interpretation the offence would be impossible to commit so D was liable

Question 7

Mischief rule

Answer 7

1. Every Act is passed to correct a mischief in the law
2. Judges will look at the mischief and will then interpret the law in order to solve or cure the mischief
3. Hayden’s case
   - what was common law before mischief
   - what was the mischief that common law didnt remedy
   - what was the remedy P intended to provide
   - what was the reason for the remedy
4. Smith v Hughes
5. Explanation
6. Royal College of Nursing v DHSS