Legal System and Admin Flashcards
What is the criminal court hierarchy?
Magistrate’s to Crown Court to QBD of High Court to Court of Appeal to Supreme Court.
What is the civil court hierarchy?
County Court to High Court to Court of Appeal to Supreme Court.
What is the literal rule?
You interpret the statute literally.
What is the golden rule?
You avoid absurdity of literal intepretation.
What is the mischief rule?
You interpret which mischief the statute was intended to correct.
What is the purposive approach?
You interpret the statute according to what the legislators intended.
What are intrinsic and extrinsic aids of intepretation?
Intrinsic are inside the statute and include debates in parliament about words in the statute.
Extrinsic are external aids including hansard, which are debates that took place before statute was enacted.
What is the presumption of no retrospective operation of statute?
Statute only applies to the time beginning with enactment.
What are the core constitutional principles of the UK?
The Rule of Law
The Separation of Powers
The Sovereignty of Parliament
What are the sources of the UK’s constitution?
Acts of Parliament
Case Law
Constitutional Conventions
The Royal Prerogative
Can government ministers criticise judicial decisions?
No.
Can Parliament members or ministers publicly discuss matters currently being heard by the courts?
No.
How is an Act of Parliament enacted?
- Introduced as a bill.
- Several readings and debates leading to amendments.
- Royal Ascent
Can UK Parliament legislate in devolved areas such as Scotland, Wales and Northern Ireland?
It can but generally won’t.
What are the Prerogative Powers of the Crown?
- Declaration of War and deployment of armed forces.
- The recognition of foreign states.
- The appointment and dismissal of prime minister and other ministers.
- The dissolution of Parliament.
What are the two elements of Parliamentary Privilege?
Freedom of speech and exclusive cognisance.
What is the freedom of speech afforded to MPs by Parliamentary Privilege?
They can say anything during their job without being sued with defamation or illegal disclosure.
What is required in order to hold a procession?
Six clear days of notice to the police where the procession will start.
What are the possible offences that can be committed with a public procession?
Failing to give notice.
Deviating from details given in notice.
Failing to comply with conditions or inciting so.
Who can impose conditions on a procession and why?
Senior police officer at site.
If conditions are given beforehand, it must be chief of police.
Reason is belief that it will cause public disorder or damage to property or disturb the life of the community.
Can the police apply to the court for a prohibition of a specific procession?
No. Only all processions.
Is notice of a public assembly to the police required?
No. It is only required for processions.
Can the police ban an assembly?
Only if it is trespassory.