PLI Flashcards
The Rules of Precedent
Supreme Court binds all inferior courts but may depart from its own decisions.
CoA Binds all inferior courts and itself subject to exceptions.
HC Binds all inferior courts. Does not bind itself but only departs from own decision where convinced it was wrong.
Upper tribunal bunds first tier tribunal, inferior courts, and itself.
First tier tribunal, family court, county court, crown court, mag court, do not bind others.
What prevails - equity or common law
Equity prevails over common law in cases of conflict, but equity also follows the law and should supplement it not supplant it.
What are public bills, government bills, and private members bills?
These are all initial stage of primary legislation.
Public bills can be divided into gov and pm bills. Gov drafted by official parliamentary draftsman. PM is promoted by particular MP usually through ballot. Often not successfully passed.
What are the stages of primary legislation process
First reading - title is read out and date set for second reading
second reading - main principles of bill debated by mps
committee stage - detail of bill scrutinised by leg committee. may be amended
report stage - proposed amendments debated, there is a vote on the committees report.
third reading - final debate and vote on bill - if passed goes on to other half.
Royal assent and commencement
The legislation within the bill may come into effect immediately, after a set period or only after a commencement order by a government minister.
A commencement order is designed to bring into force the whole or part of an Act of Parliament at a date later than the date of the royal assent.
If there is no commencement order, the Act will come into force from midnight at the start of the day of the royal assent.
The practical implementation of an Act is the responsibility of the appropriate government department, not Parliament.
What scrutiny is secondary legislation subject to
Parliament can approve or reject a statutory instrument but cannot amend it.
Literal rule?
Plain, ordinary and natural meaning can be assisted by dictionary. Don’t need to consider further what parliament meant.
Golden Rule?
Avoid unnatural and sometimes absurd outcome of literal rule. Take statute together and construe together giving words ordinary signification unless this produces inconsistentcy, absurdity, invonveniene.
Mischief rule
What is the icheif and defect common law did not provide for and parliament intended to remedy. This is now defunct
Purposive rule
purposive methods of construction.
expression units est exclusif alterius
closed list = P only intended to include items status.
ejusdem generis
general words follow specific words, general words are interpreted so as to restrict them to the same kind of objects. room, house, office, or other place. Implied only indoor other places.
noscitur a sociis
word is known by the company it keeps
What is
a) Legislature
b) executive
c) Judiciary
Leg = Parliament / king in parliament
Exec = PM and cabinet, gov depts, civil service
Jud = judges
Key Leg Conventions
- HoL defers to HoC
-HoL not to reject at second reading any gov leg that was passed by HoC and carried out a manifesto commitment - the Salisbury - Addison convention - financial bills only introduced by cab minister in HoC
-sewel convention regarding devolved matters
-HoC consulted before major foreign policy initiatives involving the use of armed forces
Key functions of parliament
debate and scrutinise proposed legislation
propose amendments to leg
extract information from exec and hold it to account
scrutinise public expenditure and taxation
Whats the job of
a) Select Committees
b) Public Bill Committees
a - permanent committees that investigate the work of individual gov depts or broader policy areas
b - appointed to debate and amend proposals for new leg.
Is parliamentary approval needed for allocation of funds to gov departments
yes
What happens if gov acts in excess of powers it is given
Administrative court will intervene if a claim is started against gov.
Collective ministerial responsibility elements
Confidentiality, unanimity, confidence
Maxwell Fyfe guidelines and individual ministerial responsibility
Resign If there is an explicit order or policy laid down by minister and civil servant needs to protect the civil servant that has carried out this order.
DOnt need to if minister disapproved of civil servants action and minister had no prior knowledge, or official makes an unimportant mistake.
Policy/operational divide.
Ministerial code - seven principles and who does it apply to
selflessness, integrity, objectivity, accountability, openness, honesty, leadership. formal published document but an unforceable set of rules.
applies to gov ministers, partially to parliamentary private secretaries, partially to special advisers.
How can an MP ask a minister about an important matter urgently
Request to speaker for urgent question to be put. Speaker will grant if satisfied q is indeed urgent and of public importance. Minister must come to commons to explain gov position on the issue in question.
gov replies to select committee reports
within 60 days of publication
MPs and criminal offences
Arrested - don’t need to inform speaker as long as it doesn’t affect attendance in parliament
mp convicted and imprisonment sentence, judge will inform speaker by letter.
over a year in prison sentence - disqualified from sitting and voting in Hoc or its committees.
select committee Summons
power to summon all but not civil servants ministers MPs and lords. warrant issued if not
affirmative v negative resolution procedure sec leg
affirmative = SIs debated and approved by both houses,
neg = automatically becomes law unless a house passes motion to reject it within 40 days
