public law 1 Flashcards
what is ratio decidendi?
means ‘the reason for the decision’ - ratio is the part which is binding on other courts. it is the legal principle or rule on which the court’s decision is based, applied to the material facts of the case
what is material facts?
facts on which the decision of the court depends. if the material facts change, the courts decision might also change.
what does obiter dictum mean?
where a judge comments on an area of law, on which it is not necessary to reach a decision in the case. obiter comments are not binding, but are highly persuasive
what are the 3 exceptions in young v Bristol aeroplane for when court of appeal can depart from its own precedent?
1) CA came to previously conflicting decision
2) CA’s previous decision was overruled expressly or impliedly by Supreme court
3) CA’s previous decision was made per incuriam (not aware of a relevant authority)
what is the binding effect of CofA?
binds itself and all inferior courts
what is the binding effect of the high court?
binds all inferior courts. doesnt bind itself but only departs from own decision where convinced it was wrong.
what is the binding effect of the upper tribunal?
binds the first tier tribunal, inferior courts and itself
if there is a conflict between equity and common law - which one prevails?
equity should prevail over common law
what is the affirmative resolution procedure for statutory instruments?
requires that both Houses of Parliament must explicitly approve the SI for it to come into effect
what is the principle of “expressio unius est exclusio alterius” - when there is a list of things eg, recycle glass, paper, plastic and aluminium?
the specific mention of certain items excludes others which are not listed
what is the supreme court’s primary consideration when deciding whether to depart from its own precedent?
to avoid injustices and ensure the law evolves appropriately with societal changes (practice statement judicial precedent 1966)
what is a private members’ bill?
a bill that is introduced by MPs or lords who are not part of the government. usually debated on a Friday in House of Commons
what is a private bill?
only affects a specific group of people or locality, rather than the general public
what is a hybrid bill?
it contains elements of both public and private bills and affects the general public and specific groups of localities
what is a public bill?
bill that affects the public at large
what happens at the first reading in creating a bill?
formality - bill’s title is read out and date is set for second reading
what happens at the second reading in creating a bill?
main principles of the bill are debated by MPs
what happens at the committee stage in creating a bill (third stage)?
detail of the bill is scrutinised by a legislative committee. it may need amending
what is the report stage of creating a bill (4th stage)?
proposed amendments are debated and there is a note on the committee’s report