Law

House of lords

Members are appointed and possess expertise; they can suggest new legislation, and their delaying power was reduced to 1 year by the Parliament Act 1949.

House of commons

Comprises 650 elected MPs; elections occur every 5 years or more, holding greater power than the House of Lords.

The crown

Provides royal ascent to all acts of parliament. Since Royal ascent act 1967 the monarch only receives short title of bill

Why join a political party

• Party with the most votes wins

• They will help candidates by paying for election materials

The whip

A party mechanism ensuring MPs vote with party policy; 'three line whip' indicates strong instruction with potential expulsion for defiance, while 'free votes' allow personal conscience.

Royal Assent

The formal approval by the monarch needed for a bill to become law; since 1967, only the short title of the bill is provided.

Whip

A party official who ensures MPs vote according to party lines, with severe measures like a 3 line whip for disobedience.

Manifesto

A promise made by a political party to the public; indicates what a party will do if elected.

Separation of Powers

The division of government responsibilities into three branches: legislative (create law), executive (enforce law), and judiciary (apply law).

Negative Resolution

A procedure where statutory instruments become law automatically unless parliament objects within a specified period.

Affirmative Resolution

A procedure requiring statutory instruments to be specifically approved by Parliament to become law.

Scrutiny Committees

Committees that review delegated legislation for technical compliance after it has been enacted.

Bill

A proposed law which is introduced into Parliament

Public Bill

Most frequent and effect the country at large

Private Bill

Bills that affect one identifiable group or corporation

Private members bill

Bills that are introduced by a single MP

Order of Law making process

1. First reading - Formal procedure, name/aim read out. Usually no vote

2. Second reading- Main debate, vote takes place at end - needs majority to proceed

3. Committee stage- Committee of 16-50 MP’s examine bill, scrutinize smaller details, can propose amendments

4. Report Stage- Further examination of amendments proposed during Committee Stage, members can suggest additional changes - majority vote needed

5. Third reading- Usually a formality, will be further vote if 6 MP’s request it

6. Other house- The bill is then sent to the other house for consideration. House of lords can only delay for 1 year (Parliament Act 1949)

7. Royal Ascent- The king only receives the short title of the bill following Royal Ascent act 1967. Realistically has no say in passing the bill.

Delegated Legislation

Laws made by authorities other than Parliament, under powers granted by an enabling act.

Why do we need delegated legislation?

• Parliament does not have time to consider every Law

• Parliament lacks expertise

• Delegated Legislation can be made much faster than normal laws

Bylaws

Laws made by local authorities or public corporations, typically concerning local issues.

Statutory Instruments

Rules and regulations created by government ministers; can cover a wide range of topics and regulations.

Orders in Council

Made by the monarch with Privy Council advice, used for various administrative actions, often in emergencies.

Advantages of Delegated legislation

• Time saving for parliament

• Can be enforced immediately

Disadvantages of delegated legislation

• Poor drafting

• Drafted by civil servants who are not democratically accountable for any mistakes

The Literal Rule

• Oldest rule in statutory interpretation

• Judges follow dictionary meaning of words

• They will follow the literal meaning of the law and they will do it regardless of how absurd it is

Advantages of literal rule

• Sovereignty of parliament is respected

• The law becomes more certain

• Limits judicial discretion

• Respects separation of powers

Disadvantages of literal rule

• Assumes every act will be drafted perfectly

• Not possible to cover every situation

• Can lead to unfair decisions

• Words may have more than one meaning

The golden rule - Narrow approach

“If the words are capable of more than one meaning, then you can choose between the meaning but you cannot go further.”

• Use literal rule first, if it is unclear use the golden rule to choose the most appropriate meaning

• (R v Allen) - The word marry was interpreted to mean go through the marriage ceremony

The golden rule - Wide approach

“where the meaning of a word is clear but leads to an absurdity or a repugnance the court can modify the words in the act”

• The administrations of estates act 1925

Advantages of the golden rule

• The rule respects the exact wording of parliament

• Judges can use the most appropriate meaning of words

• Sigsworth allows more flexibility

Disadvantages of the golden rule

• Rarely used

• Not always possible to foresee when a judge will use the rule

• Michael zander- the rule is a “ feeble parachute”

The Mischief rule

1. What did the common law say before the act

2. What did the common law not do

3. what’s parliament trying to get the law to do

4. How can we plug the gap in the law we missed

The purposive approach

This goes beyond the mischief rule. The court is not just looking at the meaning of individual words to see what the gap is. Instead they are looking at the overall intent of parliament. (Jones v Tower Boot Coe - Purpose was to prevent racism in racism relations act 1976)

Negligence

1. Duty of care (Robinson v CCWYP)

2. Breach (Blythe v Birmingham waterworks co.)

3. Factual causation (Barnett v Chelsea and Kensington Hospital Management)

4. Legal causation (Wagon mound no1)

Caparo Test

1. Was the harm reasonably foreseeable (Kent v Griffith)

2. Was it proximate in time, space and law (Bourhill v Young)

3. Would it be fair, just, reasonable to impose a duty of care (Hill v CCWYP)

What the reasonable person is

• Learner (Nettleship v Western)

• Shares the defendants view ( Vaugn v Menlove)