Judicial processes of law making
Judicial Precedent Statutory Interpretation
When a decision made by a past judge is Based on the way a judge interprets
followed by a current judge in a lower court legislation based on a statute.
- usually if the case has similar facts or Three rules:
point of law.
Golden rule
Donoghue v Stevenson - Judges can alter the law if it means
They drank root beer which had a snail that they can avoid an absurd result
inside - they got sick - the judge ruled that within the case.
the manufacturer had a duty of care
following the rule of negligence over the - EG: Re sigsworth (after murdering
consumer his mum, he would have inherited
her money and belongings due to
Daniels V White relations however they changed the
They drank lemonade with a corrosive law as this is an absurd result.
metal inside which made them sick - the
judge ruled that the manufacturer has a Literal rule
duty of care over the consumer following - Judges will go by the literal meaning
the rule of negligence. - following on from of a law while deciding on a possible
the case of Donoghue V Stevenson. conviction.
- EG: Berriman (he was killed while
However: manufacturing the train tracks even
though he should've been reparing)
- if the facts in the present case are
different enough from the previous Cheeseman: exposed himself to 2 plain
case then the judge doesn't have to clothed police officers in a public toilet - he
follow the precedent: was let off as the policemen were not
Distinguishing passengers since it means ‘passers by’ in
the context of the language used when the
- When a court higher in the hierarchy law was created.
decides that a decision in an earlier
case was wrong so they decide to Mischief rule
overturn it: Overruling (RvR) - Judges will look at the reason
behind why the law was created -
what the law was intended to
prevent.
- EG: corkery V carpenter (he claimed
that he shouldn't be charged for
drunk driving as he was drunk while
riding a bike and the law does not
cover that - however they ruled that
the law was created to prevent
anyone using any vehicles while
intoxicated)
Judicial Precedent Statutory Interpretation
When a decision made by a past judge is Based on the way a judge interprets
followed by a current judge in a lower court legislation based on a statute.
- usually if the case has similar facts or Three rules:
point of law.
Golden rule
Donoghue v Stevenson - Judges can alter the law if it means
They drank root beer which had a snail that they can avoid an absurd result
inside - they got sick - the judge ruled that within the case.
the manufacturer had a duty of care
following the rule of negligence over the - EG: Re sigsworth (after murdering
consumer his mum, he would have inherited
her money and belongings due to
Daniels V White relations however they changed the
They drank lemonade with a corrosive law as this is an absurd result.
metal inside which made them sick - the
judge ruled that the manufacturer has a Literal rule
duty of care over the consumer following - Judges will go by the literal meaning
the rule of negligence. - following on from of a law while deciding on a possible
the case of Donoghue V Stevenson. conviction.
- EG: Berriman (he was killed while
However: manufacturing the train tracks even
though he should've been reparing)
- if the facts in the present case are
different enough from the previous Cheeseman: exposed himself to 2 plain
case then the judge doesn't have to clothed police officers in a public toilet - he
follow the precedent: was let off as the policemen were not
Distinguishing passengers since it means ‘passers by’ in
the context of the language used when the
- When a court higher in the hierarchy law was created.
decides that a decision in an earlier
case was wrong so they decide to Mischief rule
overturn it: Overruling (RvR) - Judges will look at the reason
behind why the law was created -
what the law was intended to
prevent.
- EG: corkery V carpenter (he claimed
that he shouldn't be charged for
drunk driving as he was drunk while
riding a bike and the law does not
cover that - however they ruled that
the law was created to prevent
anyone using any vehicles while
intoxicated)
