Public

Question 1

Common law different meanings (4)

Answer 1

1. historically distinguish btwn law applied by King’s judges v local customary courts
2. distinguish King’s Courts law v Equity developed in Court of Chancery
3. distinguish case law from statute law
4. law as applied by common law countries v Roman law countries (mainland Europe)

Question 2

Reverse

Answer 2

= higher appeal court disagrees w lower court, does not negate precedent

Question 3

Overrule

Answer 3

superior court decides original precedent is wrong, provides new correct precedent

(can be partial)

SC can depart

Question 4

Binding effect of different courts

Answer 4

1. SC = binds all inferior courts but may depart from its own decisions
2. CA = binds all inferior courts and itself subject to Young v Bristol Aeroplane exceptions (= 2 conflicting decisions, overruled by SC, per incuriam (not aware of relevant authority so decision incorrect))
3. High Court = binds all inferior courts, does not bind itself but only departs when convinced wrong
4. Upper tribunal = binds first tier tribunal, inferior courts, and itself
5. First tier tribunal = not binding but may be persuasive
6. Family court = not binding
7. Crown court = not binding
8. County court = not binding
9. Magistrates court = not binding

Question 5

Equity

Answer 5

Developed in response to strict procedural rules in common law

Question 6

Primary legislation (AoP) - Public (general) Act

Answer 6

1. general concern
2. debated in both houses of Parl

Question 7

Primary legislation (AoP) - Private Act

Answer 7

1. re: particular places/people, proposed by ie local authority or large company, promoter convinces Parl

Question 8

Primary legislative process

Answer 8

1) first reading (formality)
2) second reading (big points debated by MPs)
3) committee stage (detail scrutinised)
4) report stage (proposed amendments debated, vote on committee’s report)
3) third reading (final debate and vote, if passed goes to other house)

Question 9

Royal assent

Answer 9

1. convention, final stage for bill to become act
2. act takes effect for day receives Royal Assent (unless contrary privies ie commencement section)
3. normally Secretary of State given power to use statutory instrument bringing Act into force

Question 10

Secondary legislation

Answer 10

1. legislation created by ministers under powers given in parent act
2. ie statutory instruments, Orders in Council, and by-laws
3. equal statutory force to Primary legislation except courts can quash
4. no parl scrutiny as with primary legislation (parl can only approve or reject but not amend)

Question 11

Traditional rules of statutory interpretation (subsumed under purposive approach)

Answer 11

literal = plain and ordinary meaning + dictionary, golden = disapply literal if absurd, mischief rule = look at purpose of statute

Question 13

Purposive approach (interpretation)

Answer 13

= strict meaning + context of legislation

linguistic presumptions -
1. expressio unius est exlusio alterius (”the expression of one thing is to the exclusion of another”) - ie list with no general rules

2. ejusdem generis (”of the same kind”) - ie non-exhaustive and generic list
3. noscitur a sociis (a word is known by its associates) - words of statute must be within context of statute

Question 14

HRA - categories of rights

Answer 14

1) absolute (ie freedom from torture)

2) limited (only interfered under certain circumstances)

3) qualified (can be lawfully interfered w if pass legal test = 1. prescribed by law 2. in pursuit of legit aim 3. ‘necessary in a democratic society’ (right to respect for private and family life))

Question 15

UK as a dualist state

Answer 15

UK incorporate international law through Act of Parl —> had to pass HRA to incorporate ECHR

(contrast to most EU states = monist)

Question 16

HRA - who are claims against

Answer 16

public authority not state = central + local gov + organisations that carry out functions of a public nature

Question 17

HRA - methods of enforcement by courts (interpretation, incompatibility)

Answer 17

1) s3(1) - courts must interpret UK domestic legislation compatibly w ECHR rights as far as possible

2) s4(2) - if legislation considered incompatible w ECHR right, can make declaration of incompatibility

3) s6(1) - public authorities (incl courts) should act in way compatible w Convention rights, (Parliament not public authority)

Question 18

What treaty established EU

Answer 18

Maastricht Treaty