Flashcards
Law Making 2: Delegated Legislation - Statutory Interpretation - Judicial Precedent
Flashcards do conjunto (31)
- 1Law Making Delegated Legislation How many types of delegated legislation are there?There are three types of delegated legislation
- 2Law 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) - 3Law 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 - 4Law 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. - 5Law 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. - 6Law 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. - 7Law 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 - 8Law 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 - 9Law Making Statutory Interpretation What are the three rules of statutory interpretation?The literal rule
The golden rule
The mischief rule - 10Law 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. - 11Law 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 - 12Law 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. - 13Law 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" - 14Law 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. - 15Law 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. - 16Law Making Statutory Interpreation Why is the purposive approach increasingly used?More modern.
Seeks to discover Parliament's intention. - 17Law 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 - 18Law 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 - 19Law Making Judicial Precedent What is the doctrine of precedent?Following the decisions of previous cases, especially the higher courts.
- 20Law Making Judicial Precedent What is original precedent?A decision on a point of law that has never been decided before.
- 21Law Making Judicial Precedent What is binding precedent?A decision in an earlier case that must be followed in a later case.
- 22Law 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.
- 23Law 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.
- 24Law Making Judicial Precedent What are the three appellate courts in the English legal system?Supreme Court
Court of Appeal
Divisional Courts - 25Law Making Judicial Precedent What is meant by stare decisis?To stand by what has been decided and do not unsettle the established
- 26Law Making Judicial Precedent What is meant by ratio decidendi?The reason for the decision. This forms a precedent for all future cases.
- 27Law Making Judicial Precedent What id meant by obiter dictaThe other things said. it is the rest of the judgement apart from the ratio decidendi.
- 28Law 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.
- 29Law Making Judicial Precedent What is emant by distinguishing?A method by whicha judge avoids having to follow what would otherwise be a binding precedent.
- 30Law Making Judicial Precedent What are teh advantages of Precedent?Certainty
Consistency and fairness
Precision
Flexibility
Time saving - 31Law Making Judicial Precedent What are the disadvantages of judicial precedent?Rigidity
Complexity
Illogical distinctions
Slowness of growth.
Informações
- Descrição
- Second set of flashcards to revise Law Making topics 4 - 5 - 6 for AQA A Level Law
- Criado por
- Stuart Halford
- Visualizações
- 120
- Avaliação