1.1- law making Flashcards
(12 cards)
Explain parliamentary process
Green paper- initial report to provoke discussion
White paper- draft of bill
First reading- introduction of bill to HoC
Second reading- main principles debated
Committee- bill examined line by line, by committee
Report- committees recommended amendments are put in a report and considered in HoC
Third reading- final chance to debate
Lords- Bill goes to HoL who ping pong amendments to HoC
Royal assent- monarch authorises change from bill to law
what is precedent
decisions from judges create law for future judges to follow
what is original precedent
judges create law in new and novel situations
e.g. Donoghue V Stevenson
what is binding precedent
earlier decision must be followed if there are similar case facts
e.g. Daniels V White
what is persuasive precedent
not binding, but court finds precedent appropriate to apply
how does ‘overrule’ avoid precedent
a higher court decides lower court was wrong
E.g. R V R
how does ‘reverse’ avoid precedent
higher court on appeal may reverse decision
e.g. R V Woolin
how does ‘distinguish’ avoid precedent
distinguish differences between case facts, so applying is not relevant
RE A (2000)
literal rule of statutory interpretation
gives words their plain and ordinary meaning, even if outcome is absurd
E.g. Whitely V Chappel
narrow golden rule of statutory interpretation
two meanings but one would produce unwanted outcome
e.g adler v george
wide golden rule of statutory interpretation
not ambitious meaning but literal rule would produce repugnant outcome
RE Sigsworth
Mischief rule of statutory interpretation
look at what deviance statute was intended to cover, so apply to cover gap
Smith V Hughes
