AC 1.1

Question 1

Describe the government process of law making

Answer 1

There are a series of consultive stages. first is green paper which is a consultive document. Then we get the white paper which is a firm set of proposals. the draft bill must then pass through both houses of parliment. We then move to the first reading where the main aims are read out and a formal vote is taken. Now we move to the second reading where the main debate takes place follwed by another vote. We then have the committee stage (where they propose any ammendments) followed by the report stage (the full house vote on the proposed ammendements). We then have the third reading which is the final vote on the bill and is just a formality. All stages are now repeated in the other house, usually the house of lords where they have limited powers. They can only send back the bill for ammendments and this is often refered to as ping pong which will continue until the bill is agreeed on by both houses. Finally is Royal Assent where the monarch formalliy gives approval to the bill becoming an act of parliment on the commecement date.
-The Hunting act 2004
-War Crimes Act 1991

Question 2

What is Statutory Interpretation

Answer 2

A judge in the higher courts may ned to interpret words or phrases in a statute

Question 3

Statutory Interpretation - Literal Rule

Answer 3

• The literal rule is used when a judge gives a word or phrase it’s ordinary dictionary definition.
• In Whitley v Chappell the defendant was charged with an offence ‘impersonating any person entitled to vote’.
• The defendant voted in the name of a dead person for electoral fraud.
• They were not guilty as the literal meaning of ‘entitled to vote’ does not include dead people.
• This shows that the literal rule can produce an absurdity/injustice. An absurd judgement.

Question 4

statutory interpretation - The Golden Rule

Answer 4

• The golden rule is when the judge modifies a word or phrase to prevent an absurd result.
• In Adler v George the defendant was charged with parking in the vicinity of prohibited place.
• However, he argued that he parked in the place not the vicinity.
• The courts changed the meaning of vicinity to include inside, to avoid an absurdity- so the defendant could be found guilty

Question 5

Statutory interpretation - The Mischief Rule

Answer 5

• The mischief rule is used when the judge looks at the problem the Act was trying to prevent when it was created rather than the meaning of a word/phrase.
• In Smith v Hughes the defendant was charged with soliciting in the street from the balcony of their private flat.
• They were convicted, despite not being on the street or a public place.
• This is because the Act was trying to prevent soliciting to the public.

Question 6

What is Judicial Precedant

Answer 6

• Judicial law making or judicial precedent is law made by judges in the courts.
• When a case appears before them they must make a judgement (known as the ratio decidendi (reason for the decision)) and this forms the law.
• It must be followed in future cases by the courts.
• There is a court hierarchy with the senior courts making judgements which the lower courts must abide by.

Question 7

Judicial Precedant - Case example

Answer 7

• An example of judicial precedent is in Donoghue v Stevenson where a duty of care from manufacturers to consumers was created, known as the neighbour principle.
• In this case the claimant fell ill after consuming a drink with a decomposing snail in it.
• The decision in Daniels v White (similar facts) used the ratio in Donoghue to allow the claimant to sue. Claimant bought a bottle of lemonade, upon drinking it they felt a burning sensation. Compensation was awarded based on the Donoghue v Stevenson precent as the lemonade was found to contain a chemical that caused the burning sensation.