SQE flk1 Flashcards
Accomplice?
An accomplice aids, abets, counsels or procures the commission of an offence
Lord Binghams Eight Sub rules?
That there should be no overlap between the branches of state. To avoid any branch exercising too much power.
What are grounds for illegality?
Delegation, unauthorized purpose, error of law acting without lawful authority, fetching of discretion
What are grounds for procedural impropriety?
Bias, lack of reasons, natural justice
When will negotiating damages be awarded?
Negotiating damages will only be awarded where there is no financial loss other than the chance to negotiate a release fee.
Mischief Rule?
Court considers what mischief or defect in the existing law the statute was intended to remedy
Golden rule Narrow and Wide?
Narrow: If a word is capable of being more than one meaning, can choose the meaning that does not produce an absurd result.
Wide: Even where a word has only one meaning, interpret it in a way that avoids a result that is obnoxious to policy.
Intrinsic Aid vs Extrinsic Aid?
Intrinsic Aid: Statute must be read as a whole and in context
Extrinsic Aid: Interpretatiohn acts (definitions of commonly found words), Dictonaries, Other statutes, Hansard (parlimentary debates).
Eiusdem Generis?
Of the same kind, the general words are specifically construed as limited and apply. limited scope.
The purposive Approach?
To interpreting legislation looks beyond the words of the legislation at the purpose behind it, and the legislation is seen as a skeleton of the law for the judges to flesh out in time
Per Incuriam?
Through lack of care
Ratio?
The principle or principles of law on which the court reaches its decision.
A wide or broad rule of law may apply to all types of different factual situations that are similar to the case at hand. In contrast, a narrow or limited rule of law may only apply to a certain set of circumstances.
Obiter Dictum
Opinion and not bindin
Procedural ultra vires?
A piece of delegated legislation may be declared invalid if the correct procedure was not followed in making it
Fettering Discretion?
When an authority will be acting unreasonably where it refuses to hear applications or make certain decisions without taking into individual circumstances
Parliament Exclusive Cognisance?
Parliament controls its own processes and procedures for requirements for MPs to enter.
Status of Article 5?
Limited right can be interfered with lawfully to detain for deportation
Ouster Clauses?
A descion should not be challenged by a court of law
Article 8 vs Article 10?
Whether it will make to a debate of general interest, context of person
Lord Halisham Elective Dictatorship
Every 5 years ellects new Executive, unitl the public vote again it can take control of the of the legislative agenda and cannot be removed from office
What factors are required to bring a judicial review claim for pressure groups?
The nature of the alleged breach of duty&The importance of the issue raised
The role of the pressure group
The need to uphold the rule of law
The likely absence of any other responsible challenger
When can damage be claimed in judicial review?
When private law rights have been infringed, not public law rights such as licences to operate.
ultra vires
Ultra vires translates to ‘beyond the powers’. It is used to describe an act which requires legal authority or power but is then completed outside of or without the requisite authority.
wednesbury unreasonable test
A reasoning or decision is Wednesbury unreasonable (or irrational) if it is so unreasonable that no reasonable person acting reasonably could have made it
(Associated Provincial Picture Houses Ltd v Wednesbury Corporation (1948) 1 KB 223)