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UNDERLYING FLK 1 > PLI;II > Flashcards

PLI;II Flashcards

1
Q

What is the judiciary composed of?

A

The judiciary is made up of judges, magistrates, tribunal members, and coroners.

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2
Q

What is the role of the judiciary?

A

They uphold the rule of law: the idea that all persons and authorities should be bound by and entitled to the benefit of laws publicly made and publicly administered.

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3
Q

What are Higher Rights of Audience?

A

Solicitors are not authorised to carry out advocacy in the Higher Courts unless they have undertaken training and passed assessments to obtain Higher Rights of Audience.

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4
Q

What is the doctrine of precedent?

A

When a principle of law is laid down by judges higher up in the hierarchy of courts and tribunals, it establishes a precedent which will bind or persuade the courts lower down.

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5
Q

What conditions must be met for the doctrine of precedent to operate?

A
  1. There must be a proposition of law which is part of the ratio of the case; 2. The court which makes the proposition must be higher than the present court; 3. The material facts in both cases must be the same.
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6
Q

What is primary legislation?

A

Primary legislation is the general term used to describe the Acts passed by the UK Parliament.

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7
Q

How does primary legislation start?

A

Primary legislation starts life as a ‘Bill’ in either the Commons or the Lords.

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8
Q

What is the structure of an Act of Senedd Cymru?

A

An Act of Senedd Cymru is structured in the same way as an Act of Parliament, with a short title, long title, and date enacted.

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9
Q

What are the stages of scrutiny for a Bill in the Senedd?

A
  1. Consideration and agreement of the general principles of the Bill; 2. Detailed consideration of the Bill and any changes by a committee; 3. Detailed consideration of the Bill and any changes by the Senedd; 4. A vote by the Senedd to pass the final text of the Bill.
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10
Q

What is the literal rule in statutory interpretation?

A

Words are to be given their plain, ordinary, and literal meaning.

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11
Q

What is the golden rule in statutory interpretation?

A

Words with more than one meaning are to be given their ordinary meaning as far as possible, but only to the extent that this does not produce an inconsistent, absurd or inconvenient result.

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12
Q

What is the mischief rule?

A

Words are to be given their original meaning based on the purpose of the provision.

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13
Q

What is the purposive approach in statutory interpretation?

A

Judges construing legislation will look at the strict and superficial meaning of the words used and at the underlying purpose of the legislation.

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14
Q

What does ‘Expressio unius est exclusio alterius’ mean?

A

The expression of one thing is to the exclusion of another.

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15
Q

What is the presumption of ‘Ejusdem generis’?

A

The general words must include only words with the same characteristics as the specific words.

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16
Q

What does ‘Noscitur a sociis’ mean?

A

A word is known by its associates.

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17
Q

What are intrinsic aids in statutory interpretation?

A

Words from within the statute which have been debated by Parliament.

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18
Q

What are extrinsic aids in statutory interpretation?

A

Dictionaries, the Interpretation Acts, and other Acts.

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19
Q

How is an Act of Senedd Cymru interpreted?

A

An act of Senedd Cymru is interpreted in the same way as an Act of Parliament.

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20
Q

What is parliamentary sovereignty?

A

Parliament has the right to make any law whatsoever; no Parliament may be bound by a predecessor or may bind a successor.

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21
Q

What is the separation of powers?

A

A system of checks and balances which prevents a single organisation of the state becoming too powerful.

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22
Q

What are devolved matters?

A

Areas of government where decision-making has been delegated to the devolved administration.

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23
Q

What is the Sewel convention?

A

Parliament can legislate on devolved matters, but does not normally do so without the consent of the relevant devolved legislature.

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24
Q

What is the royal prerogative?

A

What remains of the monarch’s discretionary or arbitrary authority.

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25
Q

What is parliamentary privilege?

A

The right to speak freely without fear of legal liability within the walls of Parliament.

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26
Q

What is the requirement for advance notice for public processions?

A

Organisers must give the local police at least 6 clear days’ notice for certain types of processions.

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27
Q

What is a public assembly?

A

An assembly comprising two or more persons in a public place that is wholly or partly open to the air.

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28
Q

What is judicial review?

A

Judicial review is ‘supervisory not appellate’ in that it is concerned with the procedure followed rather than the decision reached.

29
Q

What are the grounds for challenging a decision in judicial review?

A

Illegality, irrationality, and procedural impropriety.

30
Q

What is required for standing in judicial review?

A

A claimant must have ‘sufficient interest’ in the decision.

31
Q

What is the time limit for applying for judicial review?

A

Claimants should apply promptly, within a maximum of three months after the ground to make the claim first arose.

32
Q

What is the time limit for claimants to apply for permission for judicial review?

A

Claimants should apply promptly and within a maximum of three months after the ground to make the claim first arose.

The court can refuse to hear a claim if there has been undue delay.

33
Q

What is the principle regarding delegating powers?

A

Decision-making powers given by Parliament cannot normally be sub-delegated, but ministers may delegate to civil servants and local authorities may delegate to commissions.

34
Q

What does ‘fettering discretion’ mean?

A

Public bodies cannot fetter their discretion by following blindly the directions of another person/body or applying a general policy too strictly.

35
Q

What is the rule regarding unauthorized purpose?

A

Public bodies must not use their powers for an unauthorized purpose; the proper purpose must be the ‘primary purpose’ if there are dual purposes.

36
Q

What must public bodies do when making relevant considerations?

A

They must disregard irrelevant considerations and focus on relevant ones.

37
Q

What constitutes irrationality in decision-making?

A

A decision is irrational if it is so unreasonable that no reasonable authority could have come to it, being outrageous in its defiance of logic or accepted moral standards.

38
Q

What is the right to a fair hearing?

A

The nature of a fair hearing depends on the expectation created by the decision-maker; promises made should be honored unless public interest prevails.

39
Q

What is the rule against bias?

A

If a decision-maker receives a direct pecuniary advantage from their decision, it is automatically void. The test for indirect interest is whether a fair-minded observer would conclude there was a real possibility of bias.

40
Q

What is the purpose of the Human Rights Act 1998?

A

To incorporate the rights in the ECHR into domestic law and make them directly enforceable in UK courts.

41
Q

What does Section 2 of the HRA 1998 state?

A

UK courts must ‘take into account’ relevant ECHR case law when determining legal questions.

42
Q

What does Section 3 of the HRA 1998 require?

A

Primary and subordinate legislation must be read and given effect in a way that is compatible with Convention rights.

43
Q

What is the significance of Section 4 of the HRA 1998?

A

Higher courts may declare an Act of Parliament incompatible with Convention rights; this declaration is non-binding but pressures the Government to change the law.

44
Q

What does Section 6 of the HRA 1998 state?

A

It is unlawful for public authorities (including courts) to act in a way which is incompatible with Convention rights.

45
Q

Who can bring proceedings under Section 7 of the HRA 1998?

A

Only the victim (directly affected by the state action) can bring proceedings against the authority or rely on a Convention right.

46
Q

What can a court do under Section 8 of the HRA 1998?

A

If an act of a public authority is found unlawful, the court may grant relief or remedy or make an order it considers just and appropriate.

47
Q

What does Section 10 of the HRA 1998 allow?

A

The power to take remedial action applies if an act is declared incompatible with a Convention right.

48
Q

What is Article 2 of Schedule 1 in the HRA 1998?

A

Right to life, limited by the use of force which is no more than absolutely necessary to prevent unlawful violence, effect a lawful arrest, or stop a riot.

49
Q

What does Article 3 of Schedule 1 in the HRA 1998 state?

A

Prohibition of torture (absolute).

50
Q

What does Article 4 of Schedule 1 in the HRA 1998 state?

A

Prohibition of slavery and forced labour (absolute).

51
Q

What is stated in Article 5 of Schedule 1 in the HRA 1998?

A

Right to liberty and security, limited by lawful situations where people can be deprived of their liberty, e.g., when lawfully arrested or imprisoned.

52
Q

What does Article 6 of Schedule 1 in the HRA 1998 guarantee?

A

Right to a fair trial (absolute).

53
Q

What does Article 7 of Schedule 1 in the HRA 1998 state?

A

No punishment without law (absolute).

54
Q

What is the right stated in Article 8 of Schedule 1 in the HRA 1998?

A

Right to respect for private and family life (qualified).

55
Q

What does Article 9 of Schedule 1 in the HRA 1998 guarantee?

A

Freedom of thought, conscience, and religion (qualified).

56
Q

What does Article 10 of Schedule 1 in the HRA 1998 guarantee?

A

Freedom of expression (qualified).

57
Q

What does Article 11 of Schedule 1 in the HRA 1998 guarantee?

A

Freedom of assembly and association (qualified).

58
Q

What is the right stated in Article 12 of Schedule 1 in the HRA 1998?

A

Right to marry (absolute).

59
Q

What are absolute rights?

A

Absolute rights can never be legitimately interfered with by the state.

60
Q

What are limited rights?

A

Limited rights can be legitimately interfered with by the state in certain prescribed circumstances.

61
Q

What are qualified rights?

A

Qualified rights can be legitimately interfered with if the interference is prescribed by law, in pursuit of a legitimate aim, and necessary in a democratic society.

62
Q

What was the impact of the European Union (Withdrawal) Act?

A

It repealed the European Communities Act and provided for EU law to continue to apply in domestic law as it was at the end of the Brexit transition period.

63
Q

What is direct EU legislation?

A

Direct EU legislation includes texts of regulations and decisions directly applicable before the end of the transition period.

64
Q

What is EU derived domestic legislation?

A

EU-derived domestic legislation continues to have effect in domestic law after the end of the transition period.

65
Q

What is the status of EU derived domestic legislation post-Brexit?

A

It has the same status as it had pre-IP completion day; minor legislation can be amended like ordinary domestic secondary legislation.

66
Q

How is unmodified retained EU law interpreted?

A

It is interpreted using retained case law and retained general principles of EU law.

67
Q

What can the government do regarding retained EU law?

A

The government can make statutory instruments to deal with deficiencies in retained EU law.

68
Q

What is the relationship between courts and parliamentary sovereignty post-Brexit?

A

Courts can disapply statutes incompatible with the Withdrawal Agreement or preserved EU law, without undermining Parliamentary sovereignty.

UNDERLYING FLK 1 (3 decks)

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