Lawmaking

Question 1

What is the main political influence on law-making?

Answer 1

Manifestos presented before elections guide reforms.

Question 2

What is a drawback of changing governments?

Answer 2

Constant law changes can be costly and disruptive.

Question 3

How can media influence Parliament?

Answer 3

Public opinion promoted through media can pressure lawmakers.

Question 4

What is a risk of media influence on laws?

Answer 4

Fake news and biases can lead to poor legislation.

Question 5

What are the two types of pressure groups?

Answer 5

Sectional (representing a group) and cause (promoting a cause).

Question 6

What is lobbying?

Answer 6

Individuals or organizations influencing MPs to support specific causes.

Question 7

What is the Law Commission’s main goal?

Answer 7

To keep laws under constant review and recommend reforms.

Question 8

What are the three main jobs of the Law Commission?

Answer 8

Repeal old laws, codify, and consolidate laws.

Question 9

What is the first step in the legislative process?

Answer 9

Introduction of a Green Paper.

Question 10

What happens after the third reading in the Commons?

Answer 10

The bill is passed to the Lords for similar stages.

Question 11

What is ‘ping-pong’ in law-making?

Answer 11

When the Commons and Lords send a bill back and forth.

Question 12

What are public bills?

Answer 12

Bills affecting general public policy, e.g., sentencing reforms.

Question 13

What is a private bill?

Answer 13

A bill affecting specific individuals or organizations.

Question 14

What is a hybrid bill?

Answer 14

A bill proposed by the government that affects specific people or areas.

Question 15

What is required for a bill to become law?

Answer 15

Approval by both Houses and royal assent.

Question 16

What is delegated legislation?

Answer 16

Laws made by other bodies with Parliament’s permission.

Question 17

Who can make DL through Orders in Council?

Answer 17

The Queen and Privy Council.

Question 18

What are by-laws?

Answer 18

Local authority laws for specific areas, e.g., parking restrictions.

Question 19

What are statutory instruments (SIs)?

Answer 19

Rules made by government ministers to update or detail laws.

Question 20

How many SIs are made annually?

Answer 20

Around 3,000.

Question 21

What are the two resolution procedures for SIs?

Answer 21

Affirmative (requires approval) and negative (no debate unless opposed).

Question 22

What is procedural ultra vires?

Answer 22

When DL fails to follow the procedure set out in the enabling act.

Question 23

How can courts control DL?

Answer 23

Through judicial review on grounds like unreasonableness.

Question 24

What is a key benefit of DL?

Answer 24

It saves Parliament time for broader issues of policy.

Question 25

What is a drawback of DL?

Answer 25

It is undemocratic as most DL is made by unelected individuals.

Question 26

What is the literal rule?

Answer 26

Applying a statute word-for-word based on its ordinary meaning.

Question 27

What is the golden rule?

Answer 27

Modifying words to avoid absurd results.

Question 28

What is the mischief rule?

Answer 28

Judges consider the law's purpose and correct defects in the law.

Question 29

What is the purposive approach?

Answer 29

Focusing on what Parliament intended to achieve with a law.

Question 30

What is the ejusdem generis rule?

Answer 30

General words are interpreted in line with specific ones in a list.

Question 31

What are intrinsic aids in interpretation?

Answer 31

Materials within the statute, e.g., titles, preambles.

Question 32

What are extrinsic aids in interpretation?

Answer 32

Materials outside the statute, e.g., dictionaries, Hansard.

Question 33

What is one criticism of the literal rule?

Answer 33

It can lead to absurd or unjust outcomes.

Question 34

What is an advantage of the purposive approach?

Answer 34

It gives effect to Parliament’s intentions.

Question 35

What is judicial precedent?

Answer 35

Decisions in earlier cases used as a guide for future cases.

Question 36

What is ratio decidendi?

Answer 36

The reason for a court’s decision.

Question 37

What is obiter dicta?

Answer 37

Comments made by a judge that are not legally binding.

Question 38

What is binding precedent?

Answer 38

A precedent lower courts must follow.

Question 39

What is persuasive precedent?

Answer 39

Precedent that is not binding but can influence decisions.

Question 40

What are the three exceptions to binding precedent in the Court of Appeal?

Answer 40

Conflicting decisions, Supreme Court overrule, or per incuriam errors.

Question 41

What is distinguishing?

Answer 41

Avoiding precedent because the facts of the case are different.

Question 42

What is overruling?

Answer 42

When a higher court changes a legal rule set in an earlier case.

Question 43

What is reversing?

Answer 43

A higher court overturning a lower court’s decision in the same case.

Question 44

What is a key advantage of precedent?

Answer 44

It creates certainty and consistency in the law.

Question 45

What is a disadvantage of precedent?

Answer 45

It can be rigid and slow to adapt to societal changes.

Question 46

Why is parliamentary law-making democratic?

Answer 46

It involves elected representatives.

Question 47

What is one drawback of parliamentary law-making?

Answer 47

The process can be slow and complex.

Question 48

What is a reform suggested for DL?

Answer 48

Greater publicity to make new laws more accessible to the public.

Question 49

What is a criticism of statutory interpretation?

Answer 49

Judges may become lawmakers, which is undemocratic.

Question 50

Why is judicial precedent sometimes criticized?

Answer 50

It can lead to illogical distinctions and complexity.