Sources Of Law, Legislation & Acts Of Parliament, Statutory Interpretation Flashcards
What is an overview of an act?
1) House of Commons first reading - Bill is printed and published.
2) second reading - main debate by the MP’s on the Bill.
3) committee stage - scrutinies the Bill and considers any amendments.
4) report stage - if amendments have been made then the House votes.
5) Third reading - proceedings of the HOL - Bill will go through all stages again.
6) amendments by Lords - if so, then the Bill will need to be sent back to the commons.
7) Royal assent - monarch gives approval of Bill and it becomes an act of parliament.
Nobility
As part of the feudal system they controlled apportionment of land, gathering of taxes and dues, and raising of armies.
House of Lords
Consists of individuals who arrive there by virtue either of their birth or appointment by governments.
It is an unelected chamber.
Hereditary peers
Titles that can be inherited.
House of Lords abolished the automatic entitlement of all hereditary peers to sit in the Lords
Life peers
Titles who cannot inherit.
They are appointed by the monarch on the advice of the prime minister.
Habeas Corpus
“You shall have the body”
The principle that someone should only be arrested and imprisoned with lawful reason. - concerns freedom of the individual.
Sir Edward Coke.
What is common law?
Judge relies on previous decisions by other judges
What happens if there is a conflict between a statute and some other kind of law?
Statute will always prevail.
Courts have no power to declare an act of parliament invalid.
Byelaws
Local laws made by local councils.
Usually accompanied by some sort of sanction or punishment
E.g. parks, marketplaces
What is the difference between a bill and an act?
Bills - laws that are drafted, discussed, amended and progressed through parliament.
Acts - final version of the law as given royal assent.
What are public bills?
Concern matters affecting the public as a whole.
Government bills.
Private member bills - by MPs
What are private bills?
Affect particular people, organisations or localities.
Hybrid bills
Combination of both public and private bills
What are the 4 reasons for creating primary legislation?
1) manifesto pledges/vote seeking.
2) administrative and technical matters e.g. tax rates, capital allowances.
3) societal change - environmental acts.
4) crisis management - acts restricting the freedom of the individual e.g. coronavirus act 2020
Consolidation
‘Tidy up’ the law.
One statue re-enacts law that was previously contained in several different statutes.
Codification
Where all the law on some topic, which may previously have been covered by common law, custom and even statues, is brought together in one new statute.
It may potentially change pre-existing law.
Where would a ‘code’ appear on an act of parliament?
As a schedule to the act.
What will happen if there is a provision in the act that says parliament cannot amend the law?
Does not matter - irrelevant.
Parliament being supreme, can always amend its own laws.
Can a bill progress through parliament without the support of the lords?
Yes, parliament acts allow a bill to progress through parliament even without the support of the lords
Literal rule
Words in a statute must be given their plain, ordinary and literal meaning.
Golden rule
Where there are two meanings to a word(s), they should be given their ordinary meaning, but only to an extent they do not produce an absurd result.
(A) narrow sense - where there is some ambiguity/absurdity in the words themselves.
(B) wider sense - to avoid a result that is obnoxious to principles of public policy, even where words have one meaning.
Mischief rule
Requires the interpreter of the statute to ascertain the legislators intention.
Identify the harm/wrong.
Purposive approach
Judges look at the reason why the statute was passed and its purpose, even if it means departing from the ordinary meaning of the words
Noscitur a sociis
‘Known by the company it keeps’
A word derives meaning from surrounding words
Recognition by associated words
Example - cats, dogs, hamsters (animals)
