These notes describe each stage of judicial law making and parliamentary law making, with brief but detailed notes on each stage and their cases to support them.
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)
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