Legislation Act of Parliaments

Question 1

Doctrine of parliamentary sovereignty

Answer 1

1. Parliament has the freedom to make law of any kind
2. Statute cannot be overriden by a body outside Parliament. This means:
   a. UK and international courts have no power under English law to declare an Act of Parliament invalid
   b. in event of conflict between a statute and other kind of law, statute prevails
   c. Parliament cannot bind successors (a later Parliament can always change the Act)

Question 2

Types of legislation

Answer 2

1. Act of Parliaments (primary)
2. Statutory instruments
3. Byelaws

Question 3

Statutory instrument

Answer 3

1. Statutory instruments (SIs) are also known as secondary, subordinate or delegated legislation.
2. Created by ministers and civil servants, requiring no discussion before becoming law.
3. They have as their starting point a reference in a given statute: a ‘parent’ Act. They are ‘laid’ in draft for a period of days in an office in the House of Commons before being ‘made’, or signed, by the minister, at which point they become law.

Question 4

Byelaws

Answer 4

1. made by local councils under an enabling provision granted by an Act of Parliament.
2. usually accompanied by some sort of sanction or punishment for non-observance.
3. Typical byelaws would include measures relating to open spaces, parks
4. Byelaws cannot take effect until they are confirmed by the appropriate minister

Question 5

Bills

Answer 5

1. Bills’ are the laws as drafted, discussed, amended and progressed through Parliament; ‘Acts’ are the final version of the law as given the Royal Assent.
2. Green Paper. This would contain outline proposals for, and discussion of, laws that are still at a formative stage. If a Green Paper receives a favourable response, the next stage would be a White Paper.
3. White Paper is a more developed and nuanced document, issued by the Government as a statement of policy, setting out proposals for legislative change. This could be accompanied by debate within Parliament.
4. Green and White Papers may invite comments from the general
   public.
5. Types of Bills: Public, Private and Hybrid

Question 6

Public Bills

Answer 6

1. concerns matters affecting the public as a whole.
2. Two categories: government bill and private member bills
3. Government bill: introduced by a minister as part of Government’s legislative programme
4. Private Members Bills: non-government sponsored Bills introduced by backbench MPs: ballot for entitlement to present a bill (20 MPs) are able to present their titled and nominate a date for second reading (or 10 minutes rule procedure), limited time so few become law.

Question 7

Private Bills

Answer 7

1. affect particular people, organisations or localities
2. Can start ineither House
3. Must be publicised in suitable manner
4. Any group or individuals directly affected by a Bill’s proposal can object to it through petitions

Question 8

Hybrid Bills

Answer 8

1. contain elements relevant to both the general public and private or commercial organisations
2. E.g. the Channel Tunnel Rail Link Act 1996 and the Crossrail Act 2008. The former combines the public interest in travel between the UK and the continent with the need to recognise the rights and obligations of the Tunnel’s operators.

Question 9

4 triggers of creation of primary legislation

Answer 9

• party political manifesto pledges, which result in promises that a successful party, when in Government, believes it should keep.
• administrative, technical and managerial matters necessary to the organised functioning of Government
• changes in the nature of society, and the demands of the electorate, over short, medium or long-term timescales
• unexpected events, and even crises, that require the immediate and pressing attention of the executive

Question 10

Consolidation and Codification

Answer 10

1. Consolidation is where one statute re-enacts law that was previously contained in several different statutes
2. Codification is where all the law on some topic, which may previously have been covered by common law, custom and even statute(s), is brought together in one new statute. The codifying statute may, if necessary, change the pre-existing law.

Question 11

Devolved Settlement for Wales/Scott

Answer 11

1997- Welsh affirm they would like a degree of self government - Wales Act 1998
Reserved Powers Model matters reserved for UK Parliament
Certain restrictions on the Senedd’s powers

Question 12

Rules of construction of laws

Answer 12

1. Literal: If the words of an Act are clear, then you must follow them even though they lead to a manifest absurdity.
2. Golden rule: where there are two meanings to a word or words, they should be given their ordinary meaning as far as possible, but only to the extent they do not produce an absurd or totally obnoxious result. Can be use in narrow sense (most frequently) when a word has two meanings or wider sense: even when only 1 meaning to avoid obnoxious/adding word to resolve obvious drafting error, but only allow modifying the word to minimum extent
3. Mischief rule: require the interpreter to ascertain the legislator’s intention. When using this rule, the court considers what “mischief” (harm or wrong), or defect in the existing law, the statute is intended to remedy

Question 13

Purposive approach and culture EU law

Answer 13

judges look at the reasons why the statute was passed and its purpose, even if i means departing from the ordinary meaning of the words. This approach has been influenced by our membership of the EU and the provisions of the ECA 1972. (very close with mischief rule)

Question 14

Human Rights Act 1998 and principles of statutory interpretation

Answer 14

The HRA 1998 enacted the ECHR 1950 into UK law. Section 3 of
the HRA 1998 states that ‘so far as it is possible to do so, primary
and subordinate legislation must be read and given effect in a way
that is compatible with the Convention rights’.

Question 15

Rules of language

Answer 15

1. Noscitur a sociis (recognition by associated words)a word derives meaning from surrounding words.
2. Eiusdem generis (of the same kind or nature)if a general word follows two or more specific words, that general word will only apply to items of the same type as the specific words.
3. Expressio unius est exclusio alterius (expressing one thing excludes another) mention of one or more specific things
   may be taken to exclude others of the same type. This rule applies
   where there is a list of words that is not followed by general words.

Question 16

Aid to interpretation

Answer 16

1. Intrinsic aids (the use of the statute itself)a judge can refer to other parts of the statute in order to understand the particular section under discussion. Any words that have been debated by Parliament and are part of the statute are legitimate aids. the long and short titles, preamble, punctuation and headings may be used. Marginal notes are not debated in Parliament and are not normally relied on by courts.
2. Extrinsic aids (aids outside the statute itself)
   a. The Interpretation Acts give definitions of words commonly found in
   legislation.
   b. Dictionaries can be referred to when a word has a broader general meaning as opposed to something specifically legal :literal approach
   c. The court may look at other statutes, whether recent or long- standing
   d. Hansard is the verbatim reporting system of proceedings in Parliament.
   e. Courts regularly refer to academic sources such as established textbooks and commentaries by learned figures

Question 17

Presumptions (rebuttable)

Answer 17

1. courts apply certain presumptions in interpreting legislation
2. A presumption applies when there is a long-standing principle at
   stake.
   e.g:
   a. Presumption against alteration of the common law.
   b. Presumption against the retrospective operation of statutes
   c. Presumption against criminal liability without guilty intention (mens rea).
   d. presumption against deprivation of the liberty of the individual.
   e. presumption against deprivation of property or interference with private
   rights
   f. presumption against binding the Crown