AC1.1 Law Making Flashcards
(11 cards)
What are the two types of Law Making?
Judicial Law (Set precedents)
Government Law
What is the process of an Act in Government Law?
Formal Idea -> Green Paper -> White Paper -> Bill -> First Reading -> Second Reading -> Committee Stage -> Report Stage -> Third Reading -> Other House (Lords) -> Royal Assent + becomes an Act
What is a Bill?
A formal idea of changes/amendments suggested for the law
What is an Act?
A Law which has been formally approved of by relevant bodies
What is Judicial Law Making + who makes them?
‘Treating like cases alike’, to ensure that similar cases reach similar outcomes
The Superior Courts set precedents, e.g. the High Court, which the lower courts must follow
What is an example of a case where precedent had been set?
R v Brown - the defence of consent is not applicable in cases where there is sexual intent for ABH and GBH
How do you avoid precedents?
Overruling- A higher court may decide that an earlier decision made was wrong and overturns it, e.g. R v R, overturned Martial exception to cases such as rape
Distinguishing- A precedent will only apply if facts in the cases are similar, if too different = do not have to follow precedent, e.g. R v Wilson, considered to have a lack of sexual intent = did not follow R v Brown precedent
What is Statutory Interpretation?
Examining a point of law to determine its meaning, there are 3 ways a statute may be interpreted
What is the Literal Rule?
Where the Judge considers a law by its literal meaning, even if it provides an absurd outcome, e.g.
R v Harris- D bit of V’s nose, under the law it stated ‘to cut, stab, or wound’ would be considered an offence = therefore, act of biting did not come under this definition -> case was quashed
What is the Golden Rule?
Where if the Literal Rule provides an absurd outcome, the Judge can apply the Golden Rule to reinterpret the outcome, e.g.
Sigsworth- D killed his mother, under the law he would have inherited her wealth, Judge applied the Golden Rule, due to the absurd outcome the Literal Rule gave.
He was then entitled to nothing
What is the Mischief Rule?
Focuses on identifying the ‘mischief’ in a case the courts are attempting to remedy/resolve, e.g.
Smith v Hughes- Prostitutes were charged with soliciting in a public space, whereas they were soliciting from private areas, such as balconies and windows, but could still be seen by the public.
Mischief rule applied + found guilty
