Legislation midterm questions Flashcards
Mention the three organizations between which power is divided in the UK.
The UK’s power is divided among three main branches of government:
The Executive, which includes the Prime Minister, Cabinet, and government departments responsible for implementing and enforcing laws.
The Legislature, which consists of Parliament (the House of Commons and the House of Lords) and is responsible for making laws.
The Judiciary, which consists of courts and judges responsible for interpreting and applying the law independently from the other branches.
In which manner does the King participate in these organizations?
The King plays a largely ceremonial and constitutional role in all three branches:
In the Legislature, the King is part of the law-making process as the final authority in “King-in-Parliament” and gives Royal Assent to bills before they become law.
In the Executive, the King is the head of state, appointing the Prime Minister and government ministers, though in practice, these appointments follow democratic processes.
In the Judiciary, the King symbolically represents the authority of the courts, but judicial independence is strictly maintained.
Why are human rights (often) considered to be part of constitutional law?
Human rights are considered part of constitutional law because they establish fundamental freedoms and protections that define the relationship between the state and individuals. These rights are often enshrined in foundational legal documents, such as the Human Rights Act 1998 in the UK, and influence the interpretation of laws to ensure fairness, equality, and protection from government overreach.
Define the terms Bill, Act, and Statute.
Bill: A proposed law that must pass through Parliament before it becomes legally binding. Bills can be public, private, or hybrid.
Act: A Bill that has successfully passed all parliamentary stages and received Royal Assent, becoming part of the law.
Statute: Another term for an Act of Parliament, referring to formal written legislation that governs legal matters.
Describe the legislative process that results in the enactment of new legislation from beginning to end.
he process of making a law in the UK involves several key stages:
First Reading: The Bill is introduced with no debate.
Second Reading: MPs or Lords debate the general principles of the Bill.
Committee Stage: A committee examines the Bill in detail and suggests amendments.
Report Stage: The House considers further amendments.
Third Reading: Final review and vote in the original House.
House of Lords Consideration: If it started in the Commons, the Lords review it and may suggest amendments.
Royal Assent: The King formally approves the Bill, making it an Act of Parliament
What is the dominant approach to statutory interpretation in the English legal system?
The Purposive Approach is the dominant method of statutory interpretation in English law. This approach encourages judges to look at the intent behind the legislation rather than just the literal meaning of the words. It is used particularly in cases where a strict interpretation of the law would lead to an unjust or absurd result. This approach is often applied in light of European Union law and human rights considerations.
Mention the rules of statutory interpretation and explain their meaning by using examples.
Literal Rule: Judges interpret words in their plain, ordinary meaning, even if this leads to an absurd outcome. (Example: In Fisher v Bell (1961), a shopkeeper displayed flick knives in his window but was found not guilty of “offering for sale” because in contract law, a display is an invitation to treat, not an offer.)
Golden Rule: Modifies the Literal Rule to avoid absurdity. (Example: In Adler v George (1964), a law banning obstruction “in the vicinity” of a military site was interpreted to also apply inside the site, avoiding a loophole.)
Mischief Rule: Focuses on the problem the statute was meant to solve. (Example: In Smith v Hughes (1960), prostitutes soliciting from windows were found guilty under a law prohibiting solicitation in the street, as the law aimed to prevent public disturbance.)
Which tools or aids are available to a judge with regard to the interpretation of legislation?
Judges use several aids to interpret legislation:
Intrinsic aids: Internal elements of the statute, such as the long title, preamble, and definitions section.
Extrinsic aids: External sources like Hansard (parliamentary debates), previous case law, dictionaries, and legal textbooks.
Mention the presumptions used by courts in addition to the rules of interpretation. Explain what ‘rebuttable’ means.
A: Courts use certain legal presumptions when interpreting statutes, including:
Statutes do not have retrospective effect (laws do not apply to past actions).
Parliament does not intend to change common law unless stated explicitly.
The state does not intend to deprive individuals of liberty or property without clear justification.
Criminal laws are interpreted in favor of the defendant (presumption of innocence).
These presumptions are rebuttable, meaning they can be overturned if Parliament explicitly states otherwise in the legislation.
What are the advantages and disadvantages of delegated legislation?
Advantages:
Allows laws to be made efficiently without requiring full parliamentary approval.
Utilizes specialist knowledge of local authorities or government departments.
Enables rapid response to emergencies or technical updates.
Disadvantages:
Lack of parliamentary oversight can lead to undemocratic lawmaking.
Public awareness of changes is lower compared to Acts of Parliament.
Potential for abuse of power if regulations go beyond intended authority.
Q: Imagine a municipal council bans dogs from Victoria Park, and a woman carrying a Yorkshire Terrier in a basket is prosecuted. What would be your judgment?
The judgment depends on statutory interpretation:
Literal Rule: She violated the law since she “brought a dog” into the park, even if it was not on the ground.
Golden/Mischief Rule: If the purpose of the law was to prevent dog fouling, she may not be guilty as the dog was contained and could not cause a nuisance.
A judge using the purposive approach would likely rule in her favor, dismissing the case.
