Legislation and Interpretation Flashcards
What is the role of the executive?
To implement statutes
Do Cabinet ministers create statute?
No, because they are members of the government and the role of executive is to implement statutes
What is the function of Parliament?
To make laws. As the legislature, the function of Parliament is to pass laws
Does a judge have the power to override a provision of an Act of Parliament?
No, a judge cannot override Parliament. The courts only decide on the interpretation of an Act and if the government is acting within its powers
Are courts bound by treaties?
A court is not bound by a treaty unless it has been enacted by UK Parliament. An Act of Parliament takes precedence over a treaty Britain is a signatory to
How does a treaty become enforceable in domestic law?
If the terms of a treaty affect domestic law, they must be confirmed by an Act of Parliament in the form of a Bill. The treaty alone is not sufficient to change UK law
When will statute come into force?
Upon receiving royal assent, a Bill passes into law
(In the absence of a provision in the bill which details when it is to come into force - found in the commencement provisions)
Where can you find out in a new Act which earlier statutes it expressly repeals?
The schedules to the Act
What is the chronology of how an Act of Parliament is created?
First Reading, Second Reading, Committee Stage, Report Stage, Third Reading
What is the effect of the rule from Pepper v Hart on statutory interpretation?
A court may refer to reports in Hansard
The court in Pepper v Hart ruled that the court can look at parliamentary proceedings to assist interpretation where the meaning of statute was not clear
What is a requirement for rule in Pepper v Hart to be used?
The statements relied on in Hansard must themselves be clear
What is the name of the principle that general words take their meaning from preceding specific words?
Ejusdem generis
In a civil case, if there are two possible ways of construing a provision, one broadly favourable to the claimant and one to the defendant, what presumption will apply (if any)?
There is no presumption which should be applied by the court in these circumstances
What is the legal position for a Secretary of State wishing to pass regulations?
The Secretary of State may implement regulations providing they have been given the power to introduce regulations under an enabling or parent Act
Parliament must give a Secretary of State its power to make regulations through an enabling or parent Act
When a bill is given effect by Royal Assent, when does the bill come into effect and become law?
From midnight the same day
- where there is not a commencement date specified in the Act or a commencement order is made by a government minister
What is the effect of Parliament Acts 1911 and 1949 (where House of Lords opposes a bill, but Parliament has majority in Commons)?
Legislation can be passed without approval of House of Lords
Bill still requires approval in House of Commons and Royal Assent
An Act to make a provision relating to carrying of disabled persons by taxis [28th April 2022]. What is significance of 28th April 2022?
The date the statute received Royal Assent
If the Act is not to come into law on the date of Royal Assent, the commencement section may state when it will come into law (e.g., this Act will come into force 3 months after it has been passed)
How is an Act of Parliament usually referred to by a solicitor?
By its short title
