Legal System of England and Wales Flashcards
Young v Bristol Aeroplane
Court - Personnel
Supreme Court - Justices of the HC/President
CoA (Civil) - Lord and Lady Justices of Appeal/Master of the Rolls
CoA (Criminal) - Lord and Lady Justices of Appeal/ Lord Chief Justice
High Court - High Court Judges
- KBD : President
- Chancery Division : Chancellor
- Family : President
Crown Court - High Court Judges, Circuit judges, Recorders
County Court - Circuit judges, District judges, Recorders
Magistrates’ Court - Magistates, District judges
Structure of an Act
Short title - the name of the act
Citiation - the year of their creation, and the chapter number/ 2010 c.30.
Long title - the general scope and purpose of the act
Date of royal assent - the date it was passed by the monarch
Enacting formula - words in every act stating that both house of parliament and monarch have passed the act. It is a good law
Body of the Act - divided into sections, subsections, paragraphs / s1(1)(a)
Interpretation section - containing the definitions of certain terms
Commencement sections - when it will come into law
Schedules - more detail regarding certain section
Which supreme courts bind with itself?
Supreme Court : it is bound, but if there is exceptional circumstances it can depart
Court of Appeal : it is bound, but if there is Young v Bristol criteria it can depart
High Court : not bound, unless it is an appeal decision made by Divisional Court (on appeal from the Mags/CC)
Rules of Interpretation
The literal rule : Read the words in their usual way.
The golden rule : When literal rule make ridiculus results. Extention of literal rule. Between words and purpose.
The mischief reule : The original purpose of the Act.
The purposive approach : Give effect to its general purpose. Main approach. Wider than mischief rule.
Linguistic Presumptions
Eiusdem generis : of the same kind
Expressio unius est exclusio alterius : to express a list of specific things would mean that exclude other things of the same king
Nosciitur a sociis : interpret a word by its place in a phrase or sentence. the words derive their meaning from the other words surrounding them.
Other aids (for interpret)
-The Interpretation Act 1978 : sets out some general meanings of words used in Acts.
-Old statues or previous pieces of legislation
-Dictionaries
-Hansard (transcripts of Partiamentary debates) : It can only be used if :
* the legislation is ambigious/obscure/leads to absurdity
* hansard’s statement made by the minister/member introducing the bill
* hansard is clear
Subordinate (secondary) legislation in Wales - Enabling Act
- The Senedd’s Legislation, Justice and Constitution Comitte will report to the Senedd if they think the SL has any issue.
- If there are no issues, the comittee will give a clear report to the Senedd. The report must be given within 20 days of the SL being laid before the Senedd.
- The Senedd has 40 days within which the object. If the Senedd makes no objection, the SL continues to be valid law. SL must be laid before the Senedd at least 21 days before they come into effect.
