paper 1 section A explain

Question 1

Explain the role of a pressure group

Answer 1

Create pressure in society to try reform a law
Done by protests, lobbying and campaigns
To attract media attention
e.g. just stop oil
Want to attract parliament - to attract an MP to make a public bill through a private member
Through the 10-minute rule or a ballot

Question 2

Explain the stages a Bill must go through to become an Act

Answer 2

The idea is written on green paper and sent out to interested parties to receive feedback
Then the idea is drafted on white paper - in the HC
1st reading - only present the idea
2nd reading - given name, title and detail about the bill
Committee meeting - either whole house, standing, select - where they debate/change the bill and then vote to continue the proceedings
Report - on any changes made by the committee (unless it was whole house)
3rd reading - vote wether bill goes onto next stage
- Transfer to the House of Lords -
1st reading, 2nd reading, Committee (always who house), 3rd reading
- Transfer to Royal Assent - unless there is a ping pong affect if there’s a disagree meant
if not bill becomes an Act

Question 3

Explain how the media influences law making

Question 4

Explain the different types of bills

Answer 4

3 types - private bill, public bill, private member public bill
Private bill:
- brought in by a private member
- doesn’t affect the whole country e.g. institute Cardiff University
Public bill:
- brought in by the government
- when passed affect the whole country (UK) - unless there is Devolution (Wales, Scotland, Northern Ireland) - e.g. Constitutional Reform Act 2005
Private member public bill:
- brought in by an individual MP brings the idea into the HC
- two forms, Ballot + 10-minute rule
- public - affects the whole of public
- e.g. Dangerous Dog Act

Question 5

Explain the role of the Law Commission

Answer 5

Repeal - get rid of an old Act
Law Commission 1965 - advise Parliament yet have little power
- Consolidate - put the law on one topic in one Act
- Codify - put all law, cases, DL and statutes on the same topic in one Act
- Create - make recommendation to Parliament for new Law
issues - codify - criminal law - 10 years

Question 6

Explain the rule of law

Answer 6

Dicey - need to obey law/no ones above the law/no punishment without breach
Raz - law needs to be good law

Question 7

Explain the theory of parliamentary sovereignty

Answer 7

Primary legislation
Law maker
Statutes - no one is above Parliament

Question 8

Explain the idea of separation of powers

Answer 8

L - Parliament
E - Government
J - Judges
All three must remain separate
London Street Tramways - HL declared they would always be bound by their own decisions = creates certainty, unless a decision was made per incurium (error) as it would conflict with later statutes

Question 9

Explain the rules of language

Answer 9

Ejusden generis - Things of the same kind - Has to have specific words followed by general words - Powell v Kempton Racecourse
Expressio unis eclusio alterus - Express mention of one thing excludes all others not mentioned - Has to have specific words - Tempest v Kilner
Noscitur a socis - A word is known for the company it keeps - Muir v Kear

Question 10

Explain the literal and golden rules of statutory interpretation

Question 11

Explain intrinsic aids and extrinsic aids

Answer 11

By using Aids we are trying to find the true intent of Parliament
Intrinsic - help inside the statute - title, punctuation, name of Act
Extrinsic - help outside the statute - dictionary, thesaurus, Hansard
Hansard - Lord Denning - First used in David v Johnson 1975 - “To ignore Hansard is to grope around in the dark without turning on the light” - Pepper v Hart 1993

Question 12

Explain the purposive and mischief rule

Question 13

Explain the rules of interpretation

Answer 13

Literal rule - “plain, ordinary and natural meaning” - Berriman / Fisher v Bell
Golden rule - if literal rule leads to an absurd result - narrow/wide - narrow = pick meaning / R v Allen - wide = change word / Re Sigsworth
Mischief rule - Haydens Case 1584 - find the gap in the law - Smith v Hughes
Purposive approach - looks at whole law not just gap - Megar v St Melons

Question 14

Explain why we need delegated legislation

Answer 14

Law made by others - not Parliament - saves time and expenses
Specific knowledge / Local council - law effects

Question 15

Explain the types of delegated legislation

Answer 15

3 types:
By Laws - local effect
- made by local authorities and deal with issues in there local area
- can be temporary e.g. Manchester temporary drinking ban 2002
- public bodies - train service imposing fines
Statutory Interpretation - made by government departments/government ministers
- allows detail to be added over time - Dangerous Dog Act 1991
-legal aid - department of Constitutional Affairs made changes due to it being statutory instruments
Orders in Council - passed by the Privy Council
- used in an emergency - war, covid, bird flu
- needs signing from the King
can be done under the Emergency Powers Act 1920

Question 16

Explain parliamentary controls on delegated legislation

Answer 16

controls - pre-emptive controls before the creation
Parent Act (the enabling act) - sets the parameters for making delegated legislation so can be quite restrictive regarding what and how
The Delegated Powers and Regulatory Reform Committee - checks to ensure the Enabling Act has sufficient control and are not giving too much power away

Question 17

Explain judicial controls on delegated legislation

Question 18

Explain the hierarchy of the courts

Question 19

Explain obiter dicta and ratio decedendi

Question 20

Explain binding and persuasive precedent

Question 21

Explain overuling and distinguish

Question 22

Explain ways of avoiding binding precedents

Question 23

Explain the effect of the Practice Statement

Question 24

Explain how the Court of Appeal may avoid binding precedents