Law Making Flashcards

Question

Procedural Ultra Vires Case

Answer 1

Agricultural Training Board v Aylesbury Mushrooms (1972) | didn't consult the mushroom growers

Answer 2

AG v Fulham Corp (1921) | Baths and wash-house Acts, imposed charges for the poor

Answer 3

Saves parliamentary time-Parliament can focus on important issues Access to technical expertise-Makes the rules more accurate and appropriate Allows consultation Allows quick law making Easy to amend

Answer 4

1.Undemocratic-lawmaking authority is handed down Civil servants (un-elecetd) 2.Large volumes--large volume makes it difficult to discover what present law is 3.Lack of publicity-passed through Parliament without debate Difficult wording- hard to undertand unclear

Answer 5

Gives words their plain, ordinary, meaning even if the outcome is absurd.

Answer 6

literal rule golden rule mischief rule

Answer 7

Advantage: There is no room for prejudice to appear from judges. Disadvantage: Can produce absurd and and indefensible results.

Answer 8

Whiteley v Chappell (1868) A defendant charged for impersonating "any person entitled to vote" was found not guilty because literally, dead people cannot vote.

Answer 9

An extension of the Literal Rule, which allows the court to look at the Literal meaning but avoids the absurd result.

Answer 10

Advantages/Disadvantages Advantage: Allows the judge to choose the sensible option when there is more than one meaning. Disadvantage: There are no clear guidelines as to when it can be used.

Answer 11

Adler v George (1964) The defendant was charged with obstructing a member of the armed forces 'in the vicinity of A prohibited place' the defendent argued that he was inside the prohibited place and not in the vicinity. The court decided that in the vicinity included inside to avoid absurdity.

Answer 12

When there is only one literal meaning to the word and choosing it would cause an absurdity, the judge can modify the law or meaning.

Answer 13

When a word has more than one literal meaning, the judge can pick between the two to avoid the absurdity.

Answer 14

- The defendent was charged under the offenses against the person act, he attempted to marry a second time without a divorce. - Allen argued that it was impossible to marry twice as the second marriage wouldn't be lawful therefore it was impossible to commit the offense. - The judge said there were two meanings to marry and the second meant to go through the ceremony. - The judge adopted this meaning and the defendent was found guilty.

Answer 15

Looks back at the gap in the previous law and interprets the act to cover the gap.

Answer 16

Advantage: Avoids absurd and unjust outcomes. Disadvantage: Gives far too much power the the judge.

Answer 17

Smith V Hughes (1960) - Prostitutes were found soliciting in a street and were charged under the Street Offences Act 1959. - This led the prostitutes to 'offer their services' on balconies and upstairs windows. - The literal rule would have allowed them to escape liability, but Lord Parker issued the Mischief Rule where he said: 'everybody knows that this was an act to clean up the streets' so they could be found liable.

Answer 18

Anything in the statue itself which may help to make its meaning clear

Answer 19

Are the materials found outside the act that may be referred to by the judges.

Answer 20

Some of these are placed in the statute by parliament to make the law clearer- this means that courts will come to the interpretation parliament intended. In older statutes the inclusion of a preamble has been particularly helpful to the courts. Definition sections in the acts are also use to judges such as the definition of property in theft.

Answer 21

They are not in every statue in particular modern acts no longer have preambles in them Some intrinsic aids are headings left by printers so don't necessarily reflect parliaments intentions Definition sections are not always included in acts, although property is defined in the theft act 196

Answer 22

Hansard = It is available for everyone to consult. It gives the entire debate of parliament on the statue in question - this may make the words in statues clearer. Law Reform = They are well informed reports following lots of research and consultation. In many cases the report will include a draft bill, where the bill has become law without alterations, it is clear parliament agreed with the r

Answer 23

Hansard = Words at issue may not have been mentioned in the debate. What was said also may not make the words any clearer. Additional costs are involved as lawyers feel obliged to spend expensive time reading through them. Reform = In some cases the proposals for reform and the draft bill will not be wholly acceptable by the government and they will include different changes to the bill. Law commission reports are only available for limited areas of law, so there may not be any report on the particular point aring in court.

Law Making Flashcards

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