Legislation

Question 1

What is primary legislation?

Answer 1

The laws made by parliament are called primarily legislation/ acts of parliament/ statute

Primary legislation sets out only the framework/ structure

Question 2

How is primary legislation made ?

Answer 2

1- bill drafted and debated in both House of Lords and House of Commons

2- it will be scrutinised by various committees

3- amendments can be added

4- the final part is the royal assent

Question 3

What is secondary/delegated legislation?

Answer 3

-sets out detailed rules against the framework provided by a piece of primary legislation

• parliament delegates power to make laws to government ministers and local authorities

3 main types are - statutory instruments, bye- laws, orders in council

Question 4

The literal rule ?

Answer 4

Give words their natural/ ordinary meaning however some odd decisions can arise

Whitely v Chappell (1868-69) - a statute conceded with electoral malpractices made it an offence to impersonate any person entitled to vote at an election the defendant impersonated a dead person

The decision was that the defendant was acquitted because the dead persons was not entitled to vote

Question 5

What is the golden rule?

Answer 5

Judges should give words their ordinary meaning but where that would lead to absurdity they can apply different meaning, which would give a more sensible conclusion

Alder v George (1964) “in the vicinity of a prohibited area”

Decision the court used the golden rule in interpretation of the statute stating that vicinity included being inside the actual place

Question 6

What is the mischief rule ?

Answer 6

Allows the court to take into account mischief that the legislation intended to address

Question 7

EU law

Answer 7

Under the amended 2018 act direct EU legislation will continue to apply in uk law after the end of the transition period unless and until it is amended or revoked by uk regulations made under that amended act

Question 8

European convention on humans rights ?

Answer 8

Uk signed it in 1950

Human rights act 1998 allows convention rights to be directly enforced in uk courts

Uk courts must consider case law of European court of human rights when considering any human rights issue

Uk judges are required to read all legislation so far as is possible so it is compatible with ECHR