Statutory interpretation
0.0 / 5
- Created by: yasmin.ioa
- Created on: 01-01-19 10:54
Which kind of law is the primary and supreme law in the English Legal System?
Statute law.
1 of 34
What does Parliamentary soveriegnty mean according to AV Dicey in "Introduction to Constitutional Law" 1885.
Parliament has an absolute right to legislate, subject to certain limitations. (I.e internation law, human rights, devolution).
2 of 34
Can any body/person override the ruling of Parliament?
No.
3 of 34
Whose decisions are a current parliament not bound by?
The past parliament. Parliament's own predeccesors.
4 of 34
*What does the Fixed-Term Parliaments Act 2011 state?
The doctrine "implied repeal" states if there is a conflict between 2 pieces of legislation then the latest Act is assumed to have an "implied repeal" on the earlier Act.
5 of 34
Which case best demonstrates the doctrine of "implied repeal"?
Ellen Street Estates v Minister of Health [1934] 1 KB 590.
6 of 34
Are all statutes be effected by the doctrine of "implied repeal"?
No, some statutes deemed to have constitutional value, considered entrenched, can only be repealed by express will of Parliament.
7 of 34
Which case illustrates the relationship between entrenched statutes and the doctrine of "implied repeal"?
Thoburn v Sunderland City Council [2003] QB 151.
8 of 34
Is the European Communities Act 1972 repealable under the doctrine of "implied repeal"?
No, it is entrenched and considered constitutional. It will repealed by the express will of Parliament in Section 1 of the European (Withdrawal) Act.
9 of 34
What is the principle of legality?
A rule of statutory interpretation: if Parliament intends to interfere with fundamental rights or principles, or to depart from the general system of law, then it must express that intention by clear and unambiguous language.
10 of 34
What is the rule of law?
The rule of law is a principle of the UK constitution that means politicians govern within their powers, the law applies equally to all and that the law is certain.
11 of 34
Which 8 principles did Lord Bingham define as principles of the Rule of Law? (3 on card)
Law must be, accessible, clear predictable. Questions of legal rights should be resolved by the law and not the exercise of discretion. The law should apply equally to all, except where objective differences justify differentiation.
12 of 34
Which 8 principles did Lord Bingham define as principles of the Rule of Law? (3 on card)
Ministers must act within their powers and not exceed their limits. Law must afford adequate protection of fundamental human rights. should provide access to justice, especially where people cannot resolve inter-personal disputes themselves.
13 of 34
Which 8 principles did Lord Bingham define as principles of the Rule of Law? (2 on card)
Courts and tribunal processes should be fair. The state should comply with international law.
14 of 34
While Parliament is restricted by the principle of legality and rule of law, what are the Courts restricted by concerning statute law?
The courts cannot challenge or impeach the statutory process due to its own political wisdom. (Jackson V HM AG [2006] 1 AC 262).
15 of 34
How is a Parliamentary Bill drafted and why is it a difficult endeavour?
Drafted by Parliamentary Draftsman. Too narrow use of words may not cover every foreseeable situation, too broad may cause ambiguity.
16 of 34
Why is it inevitable that the meaning of a word or expression will be disputed and lead to an appeal being heard before the Court of Appeal or the Supreme Court?
Legislation often detailed and complex, with some Acts of Parliament covering various areas of law and policy change, and which can contain over a hundred sections with subsections and schedules.
17 of 34
Why has the complexity/frequency and use of legislation as a method to control increased?
society places ever greater demand for Parliamentary intervention.
18 of 34
Page 4 of handout, stats indicating complexity of legislation.
///
19 of 34
Applying the separation of powers to the English Legal System, what are the executive, legislative and judiciary sectors?
Executive - Government, policy makers. Legislative - Parliament, House of Commons, HofL. Judiciary - Courts apply and interpret the law.
20 of 34
According to the separation of powers, what is the constitutional duty of the courts?
To interpret disputed words in a provision of an Act of Parliament.
21 of 34
Understand next section, cases, controversy surrounding role and function of the courts.
///
22 of 34
What is the role of the court when interpreting a word or expression in a provision of an Act of Parliament?
To discover the intention of Parliament. Lord Nicholls stated this in R v S of S for Environment ex parte Spath Holme [2001] 2 AC 349.
23 of 34
There are rules devised to help courts with statutory intepretation. Are these rules mutually exclusive?
No, there is overlap, court has discretionary power to choose which advise to take.
24 of 34
True or false: Only one rule can be used when interpreting statutory provisions.
False. Multiple can be used.
25 of 34
What are the five rules of guidance?
Common law rules of interpretation. Statutory rules and guidance. Legal (public) policy. Presumptions. General linguistic rules (known as cannons of language).
26 of 34
What are the four common law rules of interpretation?
Literal rule, Golden rule, Mischief rule and Purposive Approach.
27 of 34
What is the literal rule?
Application of the natural and ordinary meaning to the word found in the Oxford English Dictionary, even if this results in an injustice or absurdity arising in the outcome of the case.
28 of 34
What is the practical reason for using the literal rule?
Preserves and recognises the constitutional principles of the sovereignty of parliament, separation of powers and the rule of law.
29 of 34
Which [1952] case gives the literal rule importance?
Major and St Mellons Rural District Council v Newport Corp [1952] AC 189 by Lord Simonds: “It appears to me to be a naked usurpation of the legislative function under the thin disguise of interpretation to fill the gaps missed by parliament”.
30 of 34
Look into Fisher v Bell as case authority example for literal rule including ROWA 1961.
////
31 of 34
Look at R v Bowen, "to make" vs download.
////
32 of 34
Look at Wright v RSPCA, think about judicial decisions.
///
33 of 34
Look at Brutus v Cozens for literal rule.
////
34 of 34
Other cards in this set
Card 2
Front
What does Parliamentary soveriegnty mean according to AV Dicey in "Introduction to Constitutional Law" 1885.
Back
Parliament has an absolute right to legislate, subject to certain limitations. (I.e internation law, human rights, devolution).
Card 3
Front
Can any body/person override the ruling of Parliament?
Back
Card 4
Front
Whose decisions are a current parliament not bound by?
Back
Card 5
Front
*What does the Fixed-Term Parliaments Act 2011 state?
Back
Similar Law resources:
0.0 / 5
3.0 / 5 based on 2 ratings
0.0 / 5
0.0 / 5
0.0 / 5
3.0 / 5 based on 1 rating
1.0 / 5 based on 1 rating
0.0 / 5
Comments
No comments have yet been made