Section A

Question 1

How many stages are there to become an act of parliament?

Answer 1

9 stages-
stage 1-green paper
stage 2- white paper
stage 3- draft
stage 4- first reading
stage- second reading
stage 6- committee stage
stage 7- report stage
stage 8- third reading
stage 9 - royal assent

Question 2

Define parliamentary sovereignty

Answer 2

means that parliament has absolute and unlimited power and that act of parliament overrules any other source of law.
key features:
1-parliament can make any law on any subject without legal constraints
2- no parliament can bind another
3- no act can be challenged by a court not its validity questioned

Question 3

define rule of law

Answer 3

rule of law is a safeguard against dictatorship and protects democracy , it is protected by the constitutional reform act 2005 .
-PROFESSOR DICEY’S EXPLAIANATION: there are three elements that create the rule of law-
1) no sanction without breach
2) rights are secured by judges
3) equality before law

Question 4

definition of separation of powers

Answer 4

The doctrine of separation of powers was first put forward by montesquieu, a French political theorist.
The three arms of state identifies by montesquieu are:
1) The legislature: the law making arm of the state in the British system is parliament , the legislature power in the uk is held by the parliament.
2) the executive: this is the body administering the law in the British system, this is the government of the day which forms the cabinet.
3) the judiciary: this refers to the judge who applies the laws.

Question 5

what types of bills can be introduces by MPs?

Answer 5

1) public bill e.g criminal courts and justice act 2015
2) private bill e,g hertfordshire county council act 2014
3) hybrid bill high speed rail
4- private members bill e.g abortion act

Question 6

Types of pressure groups

Answer 6

1- interest pressure groups - they represent the interests of a particular section of the society, members of interest groups are often motivated by self-interest e.g., the law society.
2- cause pressure groups- these groups promote a particular cause and are based on shared values or attitudes rather than common interest of their members.

Question 7

Role of pressure groups

Answer 7

pressure groups are groups which have particular interest, they try to bring matters they are interested into the attention of the general public and government.

Question 8

which factors can influence parliament?

Answer 8

1- Pressure groups
2- media
3- private member’s bill (writing to local mp)
4- petition
10,000 debates
100000 changes
5-lobbyists

Question 9

define ratio decidendi (JP)

Answer 9

reason for deciding

Question 10

define stare decisis

Answer 10

stand by what has been decided

Question 11

define obicter dicta

Answer 11

other things said

Question 12

distinguishing (avoiding precedent)

Answer 12

when a judge wants to avoid applying the previous case and demonstrates that the facts of the two cases are different in some respects. CASE EXAMPLE: BALFOUR V BALFOUR distinguished in Merritt v Merritt. in both cases the wife was suing her husband for breach of contract, they distinguished the case on the grounds that the agreement had been made whilst they were separated and was therefore more than a domestic arrangement.

Question 13

overruling (avoiding precedent)

Answer 13

this is where a higher court, hearing a different and later case, overturns a principle that has been laid down by a lower court in an earlier case. overruling means the previous case was wrong, but it does not alter the decisions.
CASE EXAMPLE: R V SHIVPURI

Question 14

reversing ( avoiding precedent)

Answer 14

this is where higher court overturns the decision of a lower court in the same case, this can only be carried out by court with enough authority.
CASE EXAMPLE: R v kingston - the house of lords reversed a court of appeal decision that said a person could claim involuntary intoxication.

Question 15

Advantages and disadvantages of judicial precedent?

Answer 15

1- flexibility judges have power however rigid bound to follow precedent
2- time saving however can be slow
3- consistent and fair however can be illogical e.g distinguishing.
types of precedent:
1- binding - bound to follow earlier case
2- persuasive - not bound to follow but judge may consider
3- original- whatever judge decides will form new precedent.
JP refers to the source of law where the past decisons of the judges create law for future judges to follow.

Question 16

reversing ( avoiding precedent)

Answer 16

this is where higher court overturns the decision of a lower court in the same case, this can only be carried out by court with enough authority.
CASE EXAMPLE: R v Kingston - the house of lords reversed a court of appeal decision that said a person could claim involuntary intoxication.

Question 17

what is literal rule

Answer 17

the judge uses plain ordinary meaning of the words even if leads to absurd result.
- should be the first rule applied by judges
CASE EXAMPLE: WHITELEY V CHAPPELL- dr was not guilty for impersonating someone entitled to vote, as it did not include dead people.

Question 18

what is golden rule

Answer 18

modification of literal rule.
- the narrow approach means where there is more than one meaning and the judge may take the fairest meaning eg case , R V ALLEN - was decided to go through a marriage ceremony and so dr was guilty.
- broad approach- when there is only one literal meaning but applying it will cause absurd result so the court will modify the meaning CASE - R V SINGSWORTH - the judge changed the meaning of word ‘issue’ to stop d from interving.

Question 19

what is mischief rule

Answer 19

looks at the gap in the law.
CASE EXAMPLE: SMITH V HUGHES, prostitutes were guilty in a ‘public place’ as parliament were trying to stop soliciting.

Question 20

what is purposive approach

Answer 20

goes beyond the mischief rule ,
the judge looks at the purpose of the act. the rule allows the judge to look at the whole act not just the gaps in the law.
CASE EXAMPLE - R V REGISTRAR - this is where d applied to obtain his birth certificate.