11.2 Primary Legislation The Structure Of An Act Of Parliament Flashcards
Order that a bill goes through House of Commons
First reading
Second reading
Committee stage
Report stage
Third reading
Then to the house of parliament where it goes through the same stages (except for money bills)
Royal assent
Literal rule
Literal interpretation of the rule
First way judges interpret statues
Statute starts off as a
Bill > statute
Intrinsic aid
Looking internally within the statute to aid interpretation
Such as relevant statutory provisions, definitions, headings and marginal notes
Hansard is
Parliamentary records
Used as extrinsic aids to help interpret an act
Purposive approach to interpretation
Court aims to look at what the parliament intended to achieve by passing a certain type of law
Official citation for a statute is the
Year of enactment and chapter number
Golden rule
If literal rule results in absurdity ordinary sense of the word can be modified through the golden rule
Mischief rule
Allows interpretation in line with parliaments intention
Asks - what mischief was parliament trying to address?
Purposive approach
Judges look at the reasons statutes were passed and their purpose
Who are members of the Committee? For a review
MPs
Experts in the area covered by the Bill
If a bill does not get enough votes to get the though to second reading
Taken off the roll and no further discussions take place
Private bill
Impacts a group of people or single person
Public bill
Applies to everyone within the jurisdiction ie UK
Money bills do not need
The approval of the House of Lords
Up until which stage can a bill be amended
Report stage
After this at the third reading no further amendments can be made
Reference to Hansard is made to see
What the intentions of the promoters of the bill were
Reference to Hansard is made to see
What the intentions of the promoters of the bill were
If an act is silent on when it comes into force it will come into force on
The date of the royal assent
Or it includes a commencement section which details that it comes into legal force at a later date than the royal assent
How is a chapter number allocated?
Allocated in the chronological order as acts are created
Rules of interpretation are actually
Approaches to interpretation or tools to aid judges
Parliament does not intend to
Alter common law or legislate retrospectively (that is backwards) unless it says so in express terms
Or deprive someone of liberty or property unless expressly states so
To convict someone without a men’s rea unless expressly stated so
To oust jurisdiction of the court unless expressly stated so
Doctrine of implied repeal
Where two inconsistent acts are passed at different times, the most recent act will take effect and be obeyed
Secondary legislation
Any law made not by parliament
Statutory instruments which includes regulations and orders
Secondary legislation is
Secondary legislation is law created by ministers (or other bodies) under powers given to them by an Act of Parliament
Secondary legislation is
Secondary legislation is law created by ministers (or other bodies) under powers given to them by an Act of Parliament
Primary legislation
Case law
Statutes
Primary legislation
Case law
Statutes
The most common form of secondary legislation is
A statutory instrument made by minsters under the authority of parliament with a less onerous approach
Short title
Main name of a statute
