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PL1 Flashcards

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1
Q

When can judges refer to external aids to interpretation?

A

They can only do this where the meaning of a statutory provision is ambiguous or lacks clarity

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2
Q

Order of the stages to create an Act of Parliament

A

First Reading, Second Reading, Committee Stage, Report Stage, Third Reading

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3
Q

When may a judge refer to Hansard?

A

A judge may only refer to Hansard in cases where material from Hansard contains clear statements that were made by a minister regarding the meaning/scope of the relevant statute

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4
Q

the rule in Pepper v Hart

A

allows courts, in limited circumstances, to refer to parliamentary materials, specifically Hansard, when interpreting ambiguous or obscure legislation

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5
Q

Can the King dismiss the Prime Minister?

A

No, it is restricted by convention - the PM will remain in office if they maintain the support of a majority in the Commons

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6
Q

Limit on disposable income to qualify for civil legal aid

A

£733 or less

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7
Q

Limit on gross monthly income to qualify for civil legal aid

A

£2657 or less

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8
Q

Limit on disposable capital to qualify for civil legal aid

A

£8,000

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9
Q

Statements and disclosures made in the course of ordinary parliamentary proceedings are covered by

A

parliamentary privilege

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10
Q

High Court judges have jurisdiction to sit in which courts?

A

High Court, Crown Court and Family Court

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11
Q

the golden rule of statutory interpretation

A

Parliament intended that its legislative provision have a wider definition than its literal meaning. Therefore, the grammatical and ordinary sense of a word can be modified to avoid the inconsistency or absurdity created by an application of the literal rule.

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12
Q

Intrinsic evidence rule

A

Intrinsic evidence is derived directly from the document in question -
It does not rely on external testimony or additional documents.
Ensures that the original intent and meaning of the document are preserved.

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13
Q

The extrinsic evidence rule

A

When deciding the case, the judge first looks at the natural ordinary meaning of the words used. However, if the interpretation of those words results in an absurd meaning, the judge can interpret the words in a different way which does not result in an absurd meaning

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14
Q

Which of the following best describes how a judge will use the mischief rule in interpreting the statute?

A

the judge will consider the defect in common law which caused Parliament to pass the statute

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15
Q

If equity and common law conflict, which prevails?

A

Equity prevails over the common law

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16
Q

Where general words follow specific words, which linguistic presumption applies?

A

the presumption of ejusdem generis applies, meaning that the general words are interpreted so as to restrict them to the same kind of matters or objects as the preceding specific words.

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17
Q

How does a Regulation differ from a Directive under EU law?

A

Regulations are directly applicable while Directives have to be implemented.

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18
Q

Devolved matters

A

areas of government where decision-making has been delegated by Parliament to the devolved institutions such as the Scottish Parliament, the Assemblies of Wales, Northern Ireland and London or to Local Authorities

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19
Q

Examples of devolved matters

A

education
health
law and order

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20
Q

To what extent can devolved administrations legislate on finance?

A

HMRC is responsible for fiscal policy and public expenditure but devolved administrations set their own budgets

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21
Q

Reserved matters

A

decisions that are still taken by the UK Parliament at Westminster even though they have effect in Scotland, Wales, Northern Ireland or the regions of England

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22
Q

Examples of reserved matters

A

defence and national security, foreign affairs, immigration, youth justice policy

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23
Q

Convention re. PM staying in office

A

by convention, the PM remains in office as long as they maintain the support of majority in the Commons. The King’s powers to dismiss the PM are restricted by this convention.

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24
Q

Statements and disclosures made during the course of ordinary parliamentary proceedings are protected by

A

parliamentary privilege

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25
High Court judges have jurisdiction to sit in which courts?
High Court, Crown Court and the Family Court
26
Are decisions made by House of Lords binding on lower courts?
Yes, House of Lords decisions continue to bind lower courts despite being replaced by the UKSC.
27
A precedent may be either
persuasive or binding
28
binding precedent
must be followed
29
persuasive precedent
will be considered and may be followed
30
which part of a judgment is binding on other courts?
The 'ratio'
31
4 qs the courts MUST consider when applying the mischief rule
What was the common law before the making of the Act? What was the mischief/defect for which the common law did not provide? What remedy for the mischief had Parliament intended to provide? What was the true reason for Parliament adopting that remedy?
32
'instinctive' approach of modern judges to statutory interpretation
combination of the literal and purposive interpretations - words in a statute should be given their 'ordinary meaning’ but judges have increasingly considered the underlying purpose of legislation too
33
When did Supreme Court come into being?
Estd by the Constitutional Reform Act 2005 to replace the old Appellate Committee of the House of Lords but did not start sitting until October 2009
34
When will the leapfrogging procedure be allowed?
The appeal must involve a point of law of general/national importance and be a point of such significance that it should be heard directly by the Supreme Court - Involves interpretation of statute, or trial judge is bound by precedent from Court of Appeal or Supreme Court / House of Lords - Benefits of earlier consideration by the Supreme Court outweighs benefits of consideration by the Court of Appeal
35
If the High Court Judge is satisfied that conditions for leapfrogging are met, what will they do next?
they will issue a Certificate of Satisfaction, which the party must apply for within 14 days of the High Court judgment
36
What should you do once you have received a Certificate of Satisfaction for leapfrogging procedure?
apply to the Supreme Court directly within one month of the certificate being issued
37
Who at the Supreme Court will consider the leapfrogging application?
Application will be considered by a panel of three Justices.
38
Primary source of constitutional law in the UK
Acts of Parliament
39
the state cannot exercise power unless that power is
expressly authorised by law (Entick v Carrington)
40
The Executive
the government
41
The Legislature
Parliament
42
The House of Lords should defer to the
House of Commons
43
New Parliamentary convention re. military engagement
the House of Commons should be consulted before the government embarks on any major foreign policy initiatives involving the use of armed forces
44
3 key components of Collective Ministerial Responsibility
Discussions between ministers (notably in Cabinet) should remain confidential Once a policy line has been reached by ministers, all ministers must stick to it and maintain a united front (‘unanimity’). If they do not feel able to, they should resign as a minister. If Parliament passes a ‘vote of no confidence’, the government should resign.
45
What does individual ministerial responsibility regulate?
how ministers should react if there has been a significant problem or failing in their department
46
If the government acts in excess of powers it is given, who will intervene?
the Administrative Court, if a claim is started against the government
47
Where do most public law claims begin?
the Administrative Court
48
Key changes brought in by Constitutional Reform Act 2005
Reform of the office of the Lord Chancellor, so that judicial functions have largely been taken over by the Lord Chief Justice. (The Lord Chancellor now has no direct judicial role – they are an MP and a government minister) Supreme Court estd as highest appeal court in 2009, ending the House of Lords' judicial function. Creation of the Judicial Appointments Commission for the appointment of judges. Prior to this, the King appointed judges on the 'advice' of the Lord Chancellor.
49
Judicial appointments are solely based on
“merit and good character”
50
Procedure for dismissing a Senior Court judge
can only be dismissed by the monarch following an address presented by both Houses of Parliament
51
The independence of judges not in the Senior Courts is protected by
convention rather than by law
52
To what extent are judges protected from liability?
judges are protected against personal actions for damages, even where they may be mistaken in fact or ignorant in law, as long as they are acting in good faith
53
'Substantive' interpretation of the rule of law considers that
The rule of law cannot exist without respect for fundamental human rights and freedoms
54
The legality principle (ex p Simms)
Statutory interpretation presumption that Parliament would not intend to restrict important rights and freedoms unless this is made clear
55
most significant existing prerogative power
'defence of the realm' - the mobilisation and control of the armed forces and requisition of property for defence purposes
56
Does legislation apply to the Crown?
there is a presumption that the Crown is not bound by statute, meaning that legislation will not apply to the Crown unless express words have been used or it can inferred (by 'necessary implication') that Parliament did intend to bind the Crown
57
Can the monarch be prosecuted?
the sovereign has personal immunity from prosecution or being sued for a wrongful act
58
"Royal prerogative has finite stock"
Royal prerogative can only be reduced, not expanded
59
Legacy of GCHQ case
Traditionally, the courts were not permitted to review how the government uses prerogative powers HOWEVER this case estd that all executive powers should be reviewable for the rule of law to be effective
60
In what areas have the judiciary become more interventionist? (post-GCHQ)
where the matter is more administrative and less policy-based
61
When would a judge be likely to distinguish a precedent?
if the judge finds that the material facts, though similar in nature to that of an old AC case which established a precedent on a particular point of law, are sufficiently different to justify not being bound by that precedent.
62
How is the court likely to approach a public law dispute which involves a particular social issue on which Parliament has not yet enacted any legislation?
The court is entitled to develop common law principles and will attempt to do so by seeking to take into account contemporary social attitudes as long as there is a reasonable degree of consensus over these.
63
For stare decisis to apply, the relevant part of the earlier case must be
binding, rather than merely persuasive
64
If a point of law is binding, it must be
followed
65
If a point of law is persuasive, it must be
considered by the later court and may be followed
66
Which part of a judgment is binding on other courts?
the ratio
67
Dissenting judgment
the view of a judge who disagrees with the majority of the court
68
Supreme Court - precedent
Binds all inferior courts but may depart from its own decisions
69
CA precedent
binds all inferior courts and itself, subject to Young v Bristol Aeroplane exceptions
70
The High Court - precedent
Binds all inferior courts. Does not bind itself, but will only depart from its own decision if convinced it was wrong.
71
Upper Tribunal - precedent
Binds the First Tier tribunal, inferior courts and itself
72
First Tier Tribunal - precedent rules
does not bind other courts but may be persuasive
73
If an MP is sentenced to over a year in prison, they are
disqualified from sitting and voting in the House of Commons and its committees
74
When does the MPs' Code of Conduct apply?
applies to Members 'in all aspects of their public life' but not their purely private life
75
Expulsion from the House
most serious form of punishment in Commons; generally reserved for perjury, fraud, corruption and other serious crimes
76
Can the Parliamentary Committee on Standards expel an MP?
No, it does not have the power to do so. It can make a recommendation.
77
How does parliamentary privilege impact freedom of speech?
All those participating in parliamentary proceedings have the right to speak freely without fear of legal liability e.g. MPs can make defamatory comments in a Commons debate without risking liability
78
the role of Parliament
to make laws
79
Can an earlier International Treaty be contradicted by a later Act of Parliament?
Yes, while the court can take an International Treaty into account, Parliament is supreme.
80
Is an international treaty sufficient to change UK law?
No, the terms of the treaty must also be laid before Parliament in the form of a Bill to bring them into domestic law
81
How would you most easily ascertain from the new Act which earlier statutes it expressly repeals?
By studying the Schedules to the Act
82
What is the most useful aid to a judge when trying to ascertain Parliament's intentions?
Refer to Hansard to consider the record of proceedings relating to the legislation
83
Overrule
used when a higher court (such as an appellate court) decides that a legal precedent set by one case should no longer be followed in future cases with similar facts.
84
Overturn
used when an appellate court changes or reverses a decision made by a lower court in the same case eg "The lower court made a mistake in this specific case, so we're changing or nullifying its decision."
85
Main difference between overruling and overturning
overruling concerns overruling precedent, whereas overturning either changes or reverses a decision set by lower court on appeal
86
How is consent from a devolved administration given under the Sewel Convention?
by way of a Legislative Consent Motion
87
Do the courts have any role in making new law
Yes, the courts can develop common law through new case law
88
Bills
proposal for new laws (which can become Acts of Parliament)
89
Purpose of a preamble in a Bill
states the reasons for and the intended effects of the proposed legislation (rarely used nowadays)
90
A bill should include a statement that it is compatible with the
ECHR
91
What is the "enacting formula" of a Bill?
Enacting words, which are a formal statement that the bill will be a law starting “Be it enacted…”
92
Short title of a Bill
the name by which the bill is usually known e.g. Haulage Permits and Trailer Registration Bill
93
Long title of a Bill
describes what a Bill does e.g. A Bill to make provision about the international transport of goods by road; to make provision about the registration of trailers; and for connected purposes.
94
If there is no commencement order, when does an Act come into force?
from midnight at the start of the day of the Royal Assent
95
If the Lords oppose a Bill and the Parliament Acts 1911 and 1949 are invoked to pass a Bill in law, what further steps are required for a Bill to become law?
The Bill will require approval in the House of Commons, and to receive Royal Assent (approval of the Lords is bypassed)
96
Outcome of Parliament Act 1949
reduced the Lords' powers to delay a Bill from 2 years down to 1 year only
97
Can judges become MPs?
No, judges are statutorily disqualified from standing for election as it would risk an abuse of power
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