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Mock A > Parlimentry Law Making , Statutory Interpretation And Law Reform > Flashcards

Parlimentry Law Making , Statutory Interpretation And Law Reform Flashcards

1
Q

What is the structure of parliament?

A
  • House of Lords (The upper house)
  • House of Commons (The lower house)
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2
Q

How is Politics an influence on parliament?

A

The House of Commons is majorly made out of the party who wins the election and so they will have influence on parliament as a whole

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3
Q

How is public opinion an influence on parliament?

A

If there’s a strong public opinion it can influence the government to change the law eg. Abortion Act 1967

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4
Q

How does pressure groups and lobbyists influence parliament?

A

Similar to public opinion, pressure groups can promote a particular cause which can lead to law change

Lobbyists wait in lobbies waiting to talk to MPs to try and influence them with their idea

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5
Q

What is the green paper?

A

A consultative document outlining the government proposals, inviting interested groups to send in comments

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6
Q

What is the white paper?

A

Sets out the firm proposal of the government

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7
Q

What are different types of bills?

A
  • Acts of parliament
  • Private members bills
  • Private bills
  • Hybrid bills
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8
Q

How do acts of parliament work?

A
  • Handled by the relative department
  • Drawn up civil service lawyers (draftsmen)
  • Must represent the gov wishes but also be legally accurate
    -Introduced in Parliament by relevant minister
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9
Q

What are private members bills?

A
  • can be introduced by any Lord or MP as long as they’re not gov minister
  • selected by ballot, ten minute rule
  • Time for debate is restricted
  • Most don’t pass
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10
Q

What are private bills?

A

Bills that only affect individual people and corporations rather the public at large

Eg. Faversham Oyster Fishery Company Bill 2016

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11
Q

What are hybrid bills?

A
  • Cross between a public and a private bill
  • where a government initiative affects particular people, organisations or places
    Eg. HS2 acts
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12
Q

What is the role of the House Of Commons?

A
  • since members of parliament are elected by the people most bills are first introduced here
  • once it went through the stages here it goes to the House of Lords
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13
Q

What is the role of the House of Lords?

A
  • They’re appointed not elected so they have less power
  • Every bill must pass through
  • Lords can suggest amendments, reject or delay a bill for up to a year but they can be overridden by the House of Commons
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14
Q

What are the legislative stages on the House of Commons and House of Lords?

A
  • First reading
  • Second reading
  • Committee stage
  • Report stage
  • Third reading
  • The House of Lords
  • The role of the Crown
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15
Q

What is the first reading?

A

This is a formal procedure where the name and main aim of the bills are read out. No discussion or votes take place

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16
Q

What is the second reading?

A
  • Main debate and vote
  • MPs vote by leaving the chamber and walking back in through one of the two special doors
  • Each door represents and counts for and against
  • Must be a majority in favour to progress further
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17
Q

What is the committee stage?

A
  • Each clause is examined in detail by a committee of 16-50 MPs
  • The government have majority of the committee (rest made up of the other parties)
  • MPs selected normally have interest or knowledge of the bill
18
Q

What is the report stage?

A
  • Committee reports back to the House on those amendments
  • a time for second thoughts
19
Q

What is the third reading?

A
  • Final vote on the bill
  • Unlikely to fall through
  • Further debate can happen if more than 6 MPs request it
20
Q

What is the role of the House of Lords?

A
  • Goes through the 5 stages in the HOL
  • If the lords have amendments it will be sent back to the HOC and forth until they agree on the changes
21
Q

What is the role of the crown?

A

Where the monarch gives approval of the Bill and makes it a act of parliament

22
Q

When are Acts of parliament implemented?

A

Once the bills passed the earliest it can be set is midnight that day but this rarely happens and is normally set at another date

23
Q

What are the 3 rules?

A
  • The literal rule
  • The golden rule
  • The mischief rule
24
Q

What is the Literal rule?

A

A rule of statutory interpretation that gives the words their plain, ordinary, dictionary meaning

25
Q

Name a case which uses the literal rule

A

Whiteley v Chappell (1869)

26
Q

What is the golden rule?

A

A modification of the literal rule to avoid an interpretation that is absurd

27
Q

What is the narrow application of the golden rule?

A

The court may only choose between the possible meanings of a word or phrase

28
Q

What is the wide application of the golden rule?

A

When a word has one meaning but that meaning would lead to a repugnant situation so they modify the words of the statute

29
Q

Name a case that uses the narrow application of the Golden rule?

A

Adler v George

30
Q

Name a case that uses the wide application of the Golden rule?

A

Re Sigsworth

31
Q

What is the mischief rule?

A

It looks back to the gap in the previous law and interprets the Act so as to cover the gap

32
Q

What were the four points the courts had to consider for the mischief rule?

A
  • What was the law before the making of the Act?
  • What was the gap the past law didn’t provide?
  • What was the remedy Parliament came up with to cover the gap?
  • What was the true reason for that remedy?
33
Q

Name a case which uses the mischief rule?

A

Smith v Hughes

34
Q

Who are the Law commission?

A

Full time body consisting of a chairman and 4 others law commissioners who are high level qualified lawyers

35
Q

What is the role of the law commission?

A

Keep under review all the law as well as being concerned with:

  • systematic development and reform
  • codification
  • repeal
36
Q

How does the Law commission work?

A
  • a topic for research is chosen by the law commission or refereed by the government
  • Law commission researches law
  • Law commission issues consultation paper
  • Law commission issues final report
37
Q

What is codification?

A

Bringing together all the law on one topic into one complete code of law

38
Q

What is consultation?

A

Combining the law from several acts of parliament into one act of parliament

39
Q

What is meant by a repeal of an act of parliament?

A

This means that the act ceases to be law. Only parliament can repeal an act of parliament

40
Q

What is the implementation rate of reforms?

A
  • 66% are implemented in part or whole (143 reforms)
  • 8 were accepted but were waiting to be Implemented
  • 19 waiting for a response
  • 31 rejected

Mock A (2 decks)

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