Parliamentary law making
they consider legislation for all of the UK
What is HOC, HOL and Monarchy?
Delegated legislation
What is secondary legislation?
judges interpret the word in its ordinary language meaning
What is The literal rule?
the principles of law to reach judgement
What is ratio decidendi?
Examples Greenpeace, law soceity, PETA, JUSTICE, TU's
What are pressure groups?
a proposal for legislation that is to be deabted or consulted on before considerstion
What are Green papers?
Types of delegated legislation
What are Orders in Council, by-laws and Statutory Instruments?
judges interpret the word in its ordinary language meaning however they aim to prevent absurd decisions
What is The golden rule?
means that a court should follow a previously decided cases reasoning
What is stare decisis?
this means groups who try and inflence MP's to support a cause
What are lobbyists?
Government bills
What is primary legislation.
SIs will become law unless rejected
What is negatvie resolution?
judge will only choose the possible meanings of the words
What is the Narrow view ?
Type of precedent whereby past decision must be followed
What is binding precedent?
set up in 1965 is used by the Gov to look at laws to see if they need reform
What is the law comission?
The legislative stages.
What are First Reading, Second Reading, Committee stage, report stage, third reading?
SIs will not become law unless approved by parliament
What is Affirmative resolution procedure?
Judge will modify the words so as not to lead to an immoral outcome
What is the wider view?
past decision (or from other countries) does not have to be followed but can be compeling enough to follow
What is persuasive precedent?
% of proposlas for change enacted by Parliament by the mid 1980s by the LC
What is 85%?
Acts that determined the power of the HOL to reject a bill
What are the Parliament Acts 1911 and 1949?
Every piece of delegated legislation requires an authorizing Act of Parliament, which defines exactly what the secondary legislation can do.
What is the parent act?
interpret the act and make sure the gap is covered
What is the mischeif rule?
establish the case has a significant difference to the current case so judge does not have to follow a past decision
What is distinguishing?
Treaty that established the modern EU
What is the Maastricht Treaty ?