AQA A Level Law Paper 1 English Legal System Review Questions and Answers
What are the problems with parliamentary sovereignty ? 1. EU Law - decided to be bound/ can be unbound BREXIT 2. Human rights Act 1998 3. Devolution Act 1998 -devolved power to Ireland / Scotland What does s.3(1) of the CRA 2005 say ? Separation of powers What is parliamentary sovereignty ? Parliament can make or unmake any law Why does parliament have sovereignty ? Because they are voted in What is judicial review ? Judges can examine public bodies for their decision to be fair How is criminal law enforced ? Formally by the police and courts What does ambiguity mean ? Where a word has two or more meanings and it may not be clear which meaning should be used What does changes in the use of language mean ? The meaning of words can change over years What's the case for new developments ? Nursing v DHSS What is the literal rule ? The words have the simplest meaning even if it leads to a weird result What does Whitely v Chappell illustrate ? The literal rule made the law absurd What happened in Whitely v Chappell ? Offence to impersonate 'any person entitled to vote' - defendant was not guilty since a dead person is not in the literal meaning of the words 'entitled to vote' What happened in LNER v berriman ? Her claim for compensation failed because a look out only be provided for 'relaying or repairing' not maintenance such as oiling
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