parliamentary law making

Question 1

what are the two sources of eu law

Answer 1

primary and secondary

Question 2

what are the primary sources of eu law

Answer 2

primary

Question 3

what are the secondary sources of eu law

Answer 3

regulations and directives

Question 4

describe treaties as a source of eu law

Answer 4

used to amend existing treaties or to introduce major laws

Question 5

give some examples of treaties

Answer 5

treaty of rome
treaty of european union
treaty of the functioning of the european union

Question 6

describe regulations as a source of eu law

Answer 6

laws issued by the eu which are automatically binding and uniform on each member state

Question 7

give an example of regulations

Answer 7

re tachographs: ec commission v uk

Question 8

describe directives as a source of eu law

Answer 8

used to harmonise smaller areas/details of law but are introduced using member states own legislation

Question 9

give an example of directives

Answer 9

the consumer protection act 1987
from the eu consumer rights directive

Question 10

what case shows that eu law prevails uk law

Answer 10

mccarthys ltd v smith

Question 11

what does direct effect of eu law mean

Answer 11

enables individuals to immediately invoke eu law before courts, even if national law tests exist

Question 12

what are the two types of direct effect

Answer 12

vertical and horizontal

Question 13

describe vertical direct effect

Answer 13

regards regulations between individuals and the state, individuals can invoke a eu provision in relation to the country

Question 14

describe horizontal direct effect

Answer 14

regards relations between individuals, an individual can invoke a eu provision in relation to another individual

Question 15

what type of direct effect do treaties have

Answer 15

horizontal and vertical

Question 16

what type of direct effect do regulations have

Answer 16

horizontal and vertical

Question 17

what type of direct effect do directives have

Answer 17

vertical

Question 18

name the sources of legislation in the uk

Answer 18

eu law
statute law
common law
custom law

Question 19

how did joining the eu effect the uk

Answer 19

provided a new source of law which provides citizens with additional legal rights and duties

Question 20

define statutory interpretation

Answer 20

the process by which courts interpret and apply legislation

Question 21

why do the courts need to interpret legislation

Answer 21

some meanings of acts are not clear

Question 22

what act was passed to help judges with general words

Answer 22

interpretation act 1978

Question 23

what is the literal rule

Answer 23

the judge takes the ordinary and natural meaning of the word and applies it to the case, even if doing so creates an absurd result

Question 24

what cases show the literal rule being used

Answer 24

cheeseman v dpp
whitely v chappell

Question 25

what case shows the literal rule may end up with absurd results

Answer 25

whitely v chappell

Question 26

what is the golden rule

Answer 26

applied where an application of the literal rule would lead to an absurdity, the courts may then apply a secondary meaning

Question 27

give an example of the golden rule being used

Answer 27

re sigsworth
adler v george

Question 28

define the mischief rule

Answer 28

aim of the rule is to determine the “mischief and defect” that the statute in question has set out to remedy, and what ruling would “suppress the mischief, and advance the remedy”

Question 29

give an example of the mischief rule being used

Answer 29

royal college of nursing v dhss