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15 Cards in this Set
- Front
- Back
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Name the process that turns Bills into Acts
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-Introduction
- First Reading -Select Committee (period when public can raise issues) -Second Reading -Committee of the Whole House -Third Reading -Governor General's Assent **READINGS ARE VOTES |
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What is Delegated Legislation?
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Parliament may delegate law-making powers to other authorities by statute. Local bodies make by-laws, judges make case law.
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Which courts do these suffixes of Judges' names represent?
DJC, J, LJ, CJ (In order) |
District court, High court, court of appeal, supreme court.
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When do Acts come into force?
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Commencement date may be specified.
Commencement date may be at a later date fixed by the Gov General If NO commencement date is specified, the act comes into force the day after it receives royal assent |
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What are 'Terms of Art'?
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Usually everyday meanings of words, but in some situations, the legal or technical definition may be preferred. Terms of Art are technical meanings or jargon
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What is the purposive approach?
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As stated in s5(1) of the Interpretation Act 1999. It is the overriding approach to statutory interpretation. You must find the purpose of the act and what it is trying to achieve and apply the purpose rather than the words.
Interpretation Act 1999 is the most important extrinsic aid. |
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What is the golden rule?
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It is an extreme application of the purposive approach. Courts can change or modify words in an act to avoid absurdity, repugnancy or inconsistency.
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What are deeming provisions?
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The word 'deem' may be used to extend a definition beyond its usual meaning.
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What are Proviso's?
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Provided that or Provided however. Words that follow this phrase are an exception to the act.
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What does 'Subject to' mean
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One part of legislation is given priority over another.
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What is Ejusdem Generis (Class Rule)?
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A number of words which form a class are listed followed by a general phrase. The meaning of the general phrase are limited by the class that unifies the list.
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What is Hansard?
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Report of parliamentary debates. Opening speeches made by the minister who introduces a piece of legislation can be used to interpret the act.
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What are the main common presumptions that the legal system operates on?
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-An act does not have retrospective effect (doesn't go backwards)
-No criminal liability without mens rea -Penal and fiscal statutes are to be strictly analysed. -The courts jurisdiction not excluded |
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What other extrinsic aids apart from the Interpretation Act 1999 can be used to interpret law?
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Other legislation can be used as a guide. A word may be defined in another piece of legislation
Previous case law which deals with same subject matter may be considered |
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What is the doctrine of precedent?
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Lower courts are bounded by prior decisions made by higher courts, and must follow lead.
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