Law Making - Alevel Law

The name for a draft law going through parliament

Type of bill that becomes laws which only apply to particular individuals or organisations

Type of bill that becomes laws which apply to the whole country

Bill introduced by the government to carry out manifesto promises

Bills introduced by MPs

Example of a bill introduced by MPs (Act with year)

A consultation document for a new law

A firm proposal for new law

Stage when the bill is introduced for the first time, no discussion or voting

Stage with the main debate on the broad principles, vote takes places afterwards

Stage where the bill is examined in detail by a standing group of 16-50 Mps

Following stage where the amendments are reported back to the house

Stage where the final vote on the bill takes place

When the bill gets passed between both houses until they agree

Last stage, Monarch's approval of the bill

When the bill officially becomes law

Acts that allow the Commons to pass a bill without consent of the Lords: '____Acts 0000 and 0000'

Law made by a person or body other than Parliament but with the authority of it

Act that allows Parliament to delegate law-making power

Type of DL made by Monarch and Privy Council

Type of DL made by Ministers and Government departments

Type of DL made by Local Authorities or Public Corporations

Original Control of DL by Parliament is within the ...

Where an S.I will become law within 40 days unless rejected by Parliament

Where an S.I must be specifically approved by Parliament to become law

The main committee that scrutinise S.I's

Court control of D.L is done through...

Where a delegated body has failed to follow a procedure

Case example of this

Where a delegated body has used powers given to them for unauthorised reasons

Case example of this

Where an administrative body has done something no other would do in the same situation

Case example of this

When a judge gives the words of an act their dictionary meaning whilst interpreting

Case Example: Railway worker killed, widow failed to get compensation due to 'maintaining' not 'relaying or repairing'

Case Example: D charged with impersonating a voter, court held no guilty as dead people aren't literally 'entitled to vote'

Softened version of the Literal rule if the meaning would lead to and unfair/absurd result

Used if there's two possible meaning, Judge chooses which one is most reasonable. (____ Version)

Case Example of This: D charged with bigamy, the word 'marry' changed to be seen as 'to go through ceremony'

Used if there's only one meaning and it would lead to an unfair result (___ Version)

Case Example of This: Son murdered mother, court did not want him to inherit estate as set out in the Administration of Justice Act 1925

Rule where judges consider 4 questions to discover what Parliament meant

Case Example: Six women convicted under the Street Offences Act, were not 'in a street or public place' the judge focused on the mischief parliament wanted to solve

More open, modern approach, decides what Parliament's general purpose was

Case Example: Court had to consider Adoption Act, Applicant had been convicted of murder and was detained due to a psychotic illness, thought he would be hostile towards his birth mother

Aids that can be found inside the statute itself

Aids that can be found outside the act itself

The full time law reform body set up by the Law Commission Act 1965

Who sits here? A high court judge, four other law commissioners and a...

Term: bringing together all the law both statutory and judicial precedent into one single law

Example of this as an Act

Term: to draw together all the existing provisions in one Act

Example of this as an Act

Term: type of reform which officially ends the law so it's no longer valid

Law Commission law which only allows an injured trespasser to claim for death or personal injury

Term: trying to persuade government ministers or individual MPs to support a cause

Term: people who campaign with a particular interest influencing law making

A method where judges follow previously decided cases where the facts are similar

System of precedent is based on the principle ___ which means 'stand by what had been decided'

Term: A precedent which must be followed

Where is this usually found in? (latin term)

Case: Duty of care and general liability in negligence established

Term: The remainder of the judgement which judges are not bound to follow

Case Example: D tortured men, the ratio was that duress by threats is not a defence for murder, obiter is 'take an innocent life rather than sacrifice own'

Case in which the obiter statement in the above case was followed by the COA

Term: A precedent which is not binding, judge can be convinced to follow

This precedent from the COA was followed by the Supreme court and decided that marital rape was a crime

Term: A precedent which involves a point of law that has not been discussed before

Case Example: Civil case, loss of tv reception, reasoned by analogy with Aldred's Case 1611 - court argued nobody had a right to a particular view

Case Example, Criminal case, hair cut off claiming it was ABH , courts title it as assault due to psychological distress

Term: Way to avoid binding precedent by showing a difference in the facts

Cases: Here R v Brown would be compared against...

Cases: Balfour v Balfour would be compared against...

Term: Way to avoid binding precedent by a higher court disagreeing with a lower court's decision

The Supreme Court can do this with their own past decisions by using the...

An example of this is Shivpuri overruling...

Term: Way to avoid binding precedent through appealing to a higher court and a different decision is reached

Supreme court did this to the decision of the COA in this case, deciding the occupier was liable for injuries to a trespasser

The case which stated the COA is bound by its own past decisions but with 3 limited exceptions

Case with use of the per incuriam (in error) exception, COA refused to follow previous decisions of their own