16984231
Description
Flashcards by Stuart Halford, updated more than 1 year ago
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Created by Stuart Halford
almost 6 years ago
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| Question | Answer |
| Law Making Delegated Legislation How many types of delegated legislation are there? | There are three types of delegated legislation |
| Law Making Delegated Legislation What are the three types of delegated legislation? | Orders in Council (Privy Council) Statutory Instruments (Ministers & Depts) By-laws (Local Councils & other bodies) |
| Law Making Delegated Legislation What are the ways in which Parliament controls delegated legislation? | Enabling Acts (set limits on power) Delegated Powers Scrutiny Committee Affirmative or Negative Resolutions Questioning of Ministers Joint Select Committee on SI Super-afirmative resolutions |
| Law Making Delegated Legislation The judicial review process will control delegated legislation when.. | It is beyond powers granted (ultra vires) The powers granted are unreasonable It has not gone through the correct procedure. |
| Law Making Delegated Legislation Why is delegated legislation needed? | Because of the need for detailed law The need for expert knowledge The need for local knowledge The importance of consultation on matters of law. |
| Law Making Delegated Legislation What are the advantages of delegated legislation? | It saves parliamentary time Expert knowledge is available There is consultation Delegated legislation is quick to make and easy to ammend. |
| Law Making Delegated Legislation What are the disadvantages of delegated legislation? | It is undemocratic There is often further sub-delegation There is a large volume of delegated legislation There is a lack of publicity It can be difficult to interpret |
| Law Making Statutory Interpretation Why is statutory interpretation needed? | The failure of legislation to deal with a specific point. Use of broad terms Ambiguity (word two or more meanings) Drafting errors New technological developments |
| Law Making Statutory Interpretation What are the three rules of statutory interpretation? | The literal rule The golden rule The mischief rule |
| Law Making Statutory Interpretation What are the advantages of the literal rule? | Follows the wording of Parliament Prevents unelected judges makig law Makes law certain Easier to predict how law will be interpreted. |
| Law Making Statutory Interpretation What are the disadvantages of the literal rule? | Not all Acts are perfectly drafted Words can have more than one meaning Can lead to unjust or unfair decisions |
| Law Making Statutory Interpretation What are teh advantages of the Golden Rule? | It respects the words of Parliament. Allows the judge to choose the most sensible meaning. Avoids the worst problems of the literal rule. |
| Law Making Statutory Interpretation What are teh disadvantages of the Golden Rule? | Can only be used in limited situations. Not possible to predict when courts will use it. It is a "feeble parachute" |
| Law Making Statutory Interpretation What are the adantages of the mischief rule? | Promotes the purpose of the law. Fills in gaps in the law. Produces a "just" result. |
| Law Making Statutory Interpretation What are the disadvantages of the mischief rule? | The risk of judicial law making. Not as wide as the purposive approach. Limited to looking back at old law. Can make the law uncertain. |
| Law Making Statutory Interpreation Why is the purposive approach increasingly used? | More modern. Seeks to discover Parliament's intention. |
| Law Making Statutory Interpretation What are the internal aids contained in an Act that may assist with interpretation? | The short title and preamble Interpreation sections Headings Schedules |
| Law Making Statutory Interpretation What are the external aids to interpretation? | Previous Acts of Parliament The historical setting Earlier case law Dictionaries Hansard Law Commission Reports International Conventions |
| Law Making Judicial Precedent What is the doctrine of precedent? | Following the decisions of previous cases, especially the higher courts. |
| Law Making Judicial Precedent What is original precedent? | A decision on a point of law that has never been decided before. |
| Law Making Judicial Precedent What is binding precedent? | A decision in an earlier case that must be followed in a later case. |
| Law Making Judicial Precedent What is persuasive precedent? | A decison which does not ahve to be followed by a later case but which a judge may decide to follow. |
| Law Making Judicial Precedent What is a dissenting judgement? | A judgement given by a judge who disagrees with the reasoning of the majority of judges in the case. |
| Law Making Judicial Precedent What are the three appellate courts in the English legal system? | Supreme Court Court of Appeal Divisional Courts |
| Law Making Judicial Precedent What is meant by stare decisis? | To stand by what has been decided and do not unsettle the established |
| Law Making Judicial Precedent What is meant by ratio decidendi? | The reason for the decision. This forms a precedent for all future cases. |
| Law Making Judicial Precedent What id meant by obiter dicta | The other things said. it is the rest of the judgement apart from the ratio decidendi. |
| Law Making Judicial Precedent What did the Practice Statement enable? | The Supreme Court to depart from a previous decision if it is right to do so. |
| Law Making Judicial Precedent What is emant by distinguishing? | A method by whicha judge avoids having to follow what would otherwise be a binding precedent. |
| Law Making Judicial Precedent What are teh advantages of Precedent? | Certainty Consistency and fairness Precision Flexibility Time saving |
| Law Making Judicial Precedent What are the disadvantages of judicial precedent? | Rigidity Complexity Illogical distinctions Slowness of growth. |
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