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Law > Law Making > Flashcards

Law Making Flashcards

1
Q

How many in House of Commons

A

650 MPS

Each MP elected to serve a constituency

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2
Q

How many in House of Lords

A

800 unelected members

700 appointed lofe peers

96 inherit their seats

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3
Q

Who proposes laws

A

Government

Individual MP

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4
Q

What is a public bill

A

Affects whole country

Put forward by gov

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5
Q

What is a predicate members bill

A

Less likely to become law unless supported by government

e.g vouyerism

Changes the law regarding specific individuals or organisations not in the general public

Anyone specifically and directly affected can petition against the bill

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6
Q

What’s a hybrid bill

A

Mixes characteristics of public and private bills

Affects general population - but impacts specific groups or individuals

Often involves large projects e.g channel tunnel cross rail

Allows affected parties to petition

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7
Q

What is the pre legislative process

A

Green paper - consultation document e.g competition and markets

White paper - firm proposal of law

Draft bill - formal legal language

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8
Q

How does a bill get passed

A

First reading - bill is formally introduced to parliament.
Short title of hill is read out an order made for bill to be oriented

No debate or vote which is a formality

Second reading
Bill is introduced by government minister or MP responsible for it
Main principles of bill debated as well as what might have been included and a vote held to decide if it can proceed to next stage

Committee stage
Bill examined carefully and in detail by public bill committee made up of MPs
Makeup of committee reflects amount of sears parties have in parliament
Committee takes evidence from experts and interest groups
Members of committee vote

Report stage
MPs consider amendments to bill which is examined in committee
All MPs suggest amendments or new clauses and vote

Third reading
MPs debate contents of bill and vote on whether to proceed
No amendments

Whole process is repeated in House of Lords

If lords disagree or make alternate proposals, bill sent back to commons (ping pong stage)

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9
Q

Example of hill that went through ping pong stage

A

EU withdrawal bill

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10
Q

Order of a bill in parliament in order

A

First reading
Second reading
Committee stage
Report stage
Third reading
Pingpong stage

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11
Q

What happens when a bill is agreed

A

It can receive royal assent and become an act of parliament

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12
Q

What happens if commons and lords can’t agree on a hill

A

Bill fails

Unless certain conditions are met and commons can use parliament acts 1911 and 1949 to pass bill anywsy

e.g Hunting Act 2004

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13
Q

What is commencement

A

When act comes into force

Can be immediately, after a set period or after a commencement

If commencement is required but not come into force act does not come into force Easter act

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14
Q

Advantages of parliamentary law making

A

Democratic - MPs elected, legislation reflects electorate

Legislation is relivant - to morals and ethical issues, leads to changes in law which have popular support such as abortion act 1967 however little time for private member bills to be considered

Process is very thorough - involves debates and close examinations of proposals. With consultation that occurs prior to introduction of a bill subject to detailed scrutiny and mistakes are spotted. Helps law be fit for purpose, upholding rule of law

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15
Q

Disadvantages of parliamentary law making

A

Undemocractic- House of Lords can debate suggest and amend and they are not elected - because unelected people not accountable for desicions they make which may lead to poor quality law

Process is very slow - can take months or years and some stages such as royal ascent can be argued as pointless. Leaves little parliamentary time for consideration - poor quality law can still be passed such as dangerous dogs act 1991

Complex legal language - terms hard for unqualified people to understand, contrary to law ehich states law should be ascertainable

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16
Q

Who is in the law commission

A

Chair and four other commissioners

Chair either a high court or appeal court judge appointed by commission by the Lord Chanceller for up to 3 years

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17
Q

What is the role of the law commission

A

S3 Law commissions Act 1965 duty is to keep all law under review with a view to its systematic development and reform

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18
Q

What 4 things do lae reform do

A

Reform

Codification

Consolidation

Repeal

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19
Q

How do the law commission reform

A

Referral from lord chancellor

Choose own area with lord chancellors approval

Consultation paper -> responses -> proposal and draft bill to chancellor

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20
Q

What is the law commission currently consulting on

A

Laws on search warrants in order to make it fairer, safer and more cost effective

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21
Q

What is meant by codification

A

Collecting together laws on one subject into one set of rules
e.g draft criminal code

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22
Q

What is consolidation

A

Collecting together existing laws on one subject into a statute

Powers of criminal courts sentencing act 2000

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23
Q

What is repeal

A

Removing obsolete and out of date acts

Draft bill presented

19 starbies hills since 1965 repealing 3000 statues

24
Q

Is law commission successful

A

1965-1975 85% of reports implemented

1975-1985 50% reports implemented

2010 + 27% reports implemented

25
Q

Advantages of law comission

A

Research done by experts likely to be comprehensive and accurate - more likely to be free from political bias ‘unfair contract terms act 1977’

26
Q

Disadvantages law comission

A

Most reports go unimplented - gov yet to reform non fatal offences against person

Gov not legally obliged to consult law commission about new laws

27
Q

What is delegated legislation

A

Parliament gives powers to another body by passing an enabling act

Any act of parliament that gives law making powers to another body

28
Q

WhT are by-laws

A

Made by locals authorities such as county councils in relation to local matters

Clean neighbourhood and environment act

Delegate powers to local councils to designate poop scoop areas

Also made by public corporations in relations to their activities

Transport act 2000
Delegates powers to strategic railway authority to make railway by-laws

29
Q

What are statutory instruments

A

By enabling act

Employment rights act -> time off for public duties

Give effect to EU law
European communities act -> control of trade in endangered species regulations

Used to update law
National minimum wage act 2018

Respond to developments
Expert control North Korea sanctions order

30
Q

What are orders in council

A

Made by Privvy council and approved by the king
Under powers delegated to them by enabling act

Keep up with events
Misuse of drugs act 2017

Deal with emergencies
Energy act 2000

Other reasons
Transfer of tribunal functions order 2013

31
Q

Advantages of delegated legislation

A

Saves parliamentary time

Laws made by those with relevant expertise

Can be implemented quickly in contrast to act of parliament

32
Q

Disadvantages of delegated legislation

A

Undemocratic

It is overused - typically 3500 stat instruments passed each year

Lack of effective control - poor law making

33
Q

What is statutory interpretation

A

About judges making sense of acts of parliament and delegated legislation and deciding what the words used in them mean

34
Q

Why is interpreting statues challenging

A

Can be difficult to identify parliaments intention

Sometimes words are left out as they are thought to be implied

Broad terms are often used

Error in drafting can be made

Sometimes new situations arise that were unforeseen

The meaning of words can change over time

35
Q

What comes under statutory interpretation

A

Literal rule

Golden rule

Mischief rule

Purposive approach

36
Q

What is the literal rule

A

Judge reads statute as a whole, puts words in context and gives them in ordinary meaning

LORD ESHER
if words of an act are clear you must follow them, even though they lead to a manifest absurdity. Court has nothing to do with the question of whether the legislature has created an absurdity

37
Q

Evaluate literal rule

A

Follows parliament exact words - appropriate because parliament is supreme law making body

Literal rule creates certainty in law

Leads to consistent outcomes, fair and just

Can lead to unjust outcomes if meanings are applied regardless of consequence

Does not account for fact words have more than one meaning

38
Q

What is the golden rule

A

The literal rule is to be followed unless it leads to an absurd outcome

Lord Wensleydale
‘Grammatical and ordinary sense of the word is to be adhered to unless that would lead to some absurdity or inconsistency’

Narrow view - choose between two meanings
R v Allen

Wide view - modify meaning
Sigsworth

39
Q

Exvaulate folden rule

A

Respects exact words of parliament

Avoids judges making law

Escape route from absurd outcomes

Avoids desicions that would lead to reupgant situations

Very limited in use

Not always possible to predict when courts will consider outcome absurd

40
Q

What is the mischief rule

A

Takes view statues are enacted to cure problems with common law
Or mischief and should be interpreted to achieve this

Lord coke
‘For sure and true interpretation of statues for things should be considered
What was law before act was passed

What was problem with statue when seeking remedy

What was parliaments solution

True reason for parliaments solution

Smith v Hughes

41
Q

Evaluate mischief rule

A

Produces more just outcomes than a literal approach - law is less predictable

Promotes the aim of the law passed

Flexible

Leads to judicial law making - judges are unelected

Impossible to know when judges will use it - uncertainty

42
Q

What is the purposive approach

A

Aims to give effect to purpose of legislation

Lord Denning
‘We sit here to find our intention of parliament and we do this better by filling in the gaps and making sense of enactment then opening it to analysis’

Popper v Hart

43
Q

Evaluate of mischief rule

A

Leads to justice

More discretion to judges to aboid absurd outcomes

Keeps lane up to date

Difficult to find out parliaments true intentions so hard to apply statue

Difficult to determine outcome of case depending on what judge thinks purpose of act was

Judges may refuse to follow clear words set out in parliament

44
Q

What is judicial precedent

A

Judge decided facts and decides how to apply laws

45
Q

What is stare decisis

A

Stand by what has been said and do not unsettle the established

Once issue has been decided by court it should not be changed

46
Q

How are like cases decided alike

A

Cases on similar facts to previous should follow desicions taken by judges in previous case
Donoghue v Stevenson

47
Q

What is the judgement

A

Judge makes desicion and reasons judgement

48
Q

What is ratio decedendi

A

Binding precedent must be followed

E.g Donoghue v Stevenson

Person owes dirty of care to those if reasonably forseesbcould affect his act or on mission

49
Q

What are types or persuasive precedent

A

Desicions of power courts

Commonwealth courts

Privvy council

50
Q

What is obiter dicta

A

If a judge makes comments on the law which are not exactly to do with the point in dispute in that case these are obiter dicta which means other things said

51
Q

What is following

A

If facts are similar enough to previous case law will be applied in same way

Robinson v Chorf Constance of Yorkshire police followed desicion by

Hill v Chief Constable of Yorkshire police

52
Q

What is overruling

A

If relevant earlier desicion made by lowrr court and judge disagrees with interpretation it can be over ruled
Does not change outcome of original case but will for later cases

Candler v crane

53
Q

Reversing

A

Where appeal higher court decided lower court interpreted wrong - appeal court substitutes desicion

McLoughlin V O Brian

54
Q

Distinguishing

A

When court considers material factors of the case they not bound by previous precedent

Merritt v Merritt

55
Q

Elements of stare decisis

A

Like cases are decided alike

Ratio decedendi

Original president

Persuasive precedent

Follow overrule reverse distinguish

Law (10 decks)

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