PGDL Public Law Question & Answers 2024/2025

PGDL Public Law Question & Answers 2024/2025 What is English Law derived from? - ANSWER-Primary legislation Legislation - ANSWER-The laws passed by Parliament Primary Legislation - ANSWER-Acts of Parliament Statute - ANSWER-Law Secondary Legislation - ANSWER-Laws made under primary legislation Statutory Instruments - ANSWER-Regulations, rules and orders passed by ministers By-Laws - ANSWER-Local laws under the Local Government Act 1972 Orders in Council - ANSWER-Laws made by the Privy Council Who's role is it to interpret and enforce legislation - ANSWER-The courts The Literal Rule - ANSWER-Words should be given their plain, ordinary, natural meeting The Golden Rule - ANSWER-The literal rule should be followed unless it produces an absurd or inconsistent result or a result that would be an affront to public policy The Mischief Rule - ANSWER-Interpreting legislation in light of the law that existed before that legislation Purposive approach - ANSWER-Interpreting the legislation so as to give effect to its purpose Ejusdem Generis - ANSWER-Of the same type Noscitur a sociis - ANSWER-Known by the company it keeps Expression unius est exclusio alterius - ANSWER-To express one thing is to exclude other things Presumption against alteration of the common law - ANSWER-Parliament can expressly alter the common law, but the courts should not imply an intention to change the existing law Presumption against retrospective operation of statute - ANSWER-Parliament can expressly state that an Act comes into force on an earlier date, but if not, the courts should presume that statutes do not operate retrospectively Presumption against deprivation of liberty, property and private rights - ANSWER-Parliament is presumed not to intend to deprive anyone of their liberty or their property, not to deal with their personal property without compensation Presumption against ousting the jurisdiction of the courts - ANSWER-Parliament is presumed not to intend to oust the jurisdiction of the courts Ouster Clause - ANSWER-A clause included in a piece of legislation by a legislative body to exclude judicial review of acts and decisions of the executive Presumption against binding the Crown - ANSWER-Acts of parliament are presumed not to bind the monarch unless the Act expressly states as much Presumption against criminal liability without a Men’s Rea - ANSWER-Unless Parliament state expressly or it is implied by being termed an offence of 'strict liability' it will be presumed that parliament intended no liability for a criminal offence Intrinsic - ANSWER-Included in the legislation itself Extrinsic - ANSWER-External to the legislation The interpretation Act 1978 - ANSWER-Provides for commonly used words in legislation Ratio Decidendi - ANSWER-Decisive legal reasoning Obiter Dicta - ANSWER-Statements made by the judge which are not part of the ratio Court Hierarchy - ANSWER-Supreme Court, Court of Appeal. High Court, (Crown Court, County Court, Magistrates) Does the supreme court bind itself? - ANSWER-No Does the court of appeal bind itself? - ANSWER-Normally, with exception Does the high court bind itself? - ANSWER-Not for cases heard at first instance, normally binds itself for cases heard as appeals Precedent - ANSWER-An earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances Precedent: Applied - ANSWER-Where the current court follows a precedent decision Precedent: overruled - ANSWER-Where the current court overturns a precedent decision Precedent: Reversed - ANSWER-Where the current court overturns a precedent decision in the same case Precedent: Distinguished - ANSWER-Where the current court does not overrule a precedent but does not apply it, on the grounds that the facts or law between the two cases are sufficiently distinct At first instance - ANSWER-Begin CONTINUES..