Paper 2 Section A Flashcards
What are the stages a bill goes through?
-First reading
-Second reading
-Committee stage
-Report stage
-Third reading
-House of Lords
-Ping pong
-Royal assent
What are the types of delegated legislation?
Orders in council
Statutory instruments
By laws
What are the controls over delegated legislation?
-Enabling Act
-Delegated powers committee
-Scrutiny committee
-Negative resolution procedures
-Affirmative resolution procedure
-Judicial review (Courts)
What are the types of statutory interpretation and cases to support?
Literal rule - Cheeseman v DPP police not a ‘passenger’
Golden rule - Narrow Adler v George ‘vicinity’. Wide Re Sigsworth ‘next kin or issue’.
Mischief rule - Smith v Hughes prostitutes loitering on balcony.
Purposive approach - Ghaidan v Mendoza gay couples rights over tenancy.
What are the three types of precedents?
Binding precedent
Original precedent
Persuasive precedent
How can precedent be avoided?
-Distinguishing
-Overruling
-Reversing
Who conducts law reform and how is it done?
Law Commission (Act 1965)
-Codification
-Consolidation
-Repeal
What are the types of EU law?
-Treaties
-Regulations
-Directives
Who implements EU law?
Council of the European Union
European Parliament
Commission of European Union
Court of justice of European Union