Sources Of Law, Legislation & Acts Of Parliament, Statutory Interpretation

Question 1

What is an overview of an act?

Answer 1

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.

Question 2

Nobility

Answer 2

As part of the feudal system they controlled apportionment of land, gathering of taxes and dues, and raising of armies.

Question 3

House of Lords

Answer 3

Consists of individuals who arrive there by virtue either of their birth or appointment by governments.

It is an unelected chamber.

Question 4

Hereditary peers

Answer 4

Titles that can be inherited.

House of Lords abolished the automatic entitlement of all hereditary peers to sit in the Lords

Question 5

Life peers

Answer 5

Titles who cannot inherit.

They are appointed by the monarch on the advice of the prime minister.

Question 6

Habeas Corpus

Answer 6

“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.

Question 7

What is common law?

Answer 7

Judge relies on previous decisions by other judges

Question 8

What happens if there is a conflict between a statute and some other kind of law?

Answer 8

Statute will always prevail.

Courts have no power to declare an act of parliament invalid.

Question 9

Byelaws

Answer 9

Local laws made by local councils.

Usually accompanied by some sort of sanction or punishment

E.g. parks, marketplaces

Question 10

What is the difference between a bill and an act?

Answer 10

Bills - laws that are drafted, discussed, amended and progressed through parliament.

Acts - final version of the law as given royal assent.

Question 11

What are public bills?

Answer 11

Concern matters affecting the public as a whole.

Government bills.

Private member bills - by MPs

Question 12

What are private bills?

Answer 12

Affect particular people, organisations or localities.

Question 13

Hybrid bills

Answer 13

Combination of both public and private bills

Question 14

What are the 4 reasons for creating primary legislation?

Answer 14

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

Question 15

Consolidation

Answer 15

‘Tidy up’ the law.

One statue re-enacts law that was previously contained in several different statutes.

Question 16

Codification

Answer 16

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.

Question 17

Where would a ‘code’ appear on an act of parliament?

Answer 17

As a schedule to the act.

Question 18

What will happen if there is a provision in the act that says parliament cannot amend the law?

Answer 18

Does not matter - irrelevant.

Parliament being supreme, can always amend its own laws.

Question 19

Can a bill progress through parliament without the support of the lords?

Answer 19

Yes, parliament acts allow a bill to progress through parliament even without the support of the lords

Question 20

Literal rule

Answer 20

Words in a statute must be given their plain, ordinary and literal meaning.

Question 21

Golden rule

Answer 21

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.

Question 22

Mischief rule

Answer 22

Requires the interpreter of the statute to ascertain the legislators intention.

Identify the harm/wrong.

Question 23

Purposive approach

Answer 23

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

Question 24

Noscitur a sociis

Answer 24

‘Known by the company it keeps’

A word derives meaning from surrounding words

Recognition by associated words

Example - cats, dogs, hamsters (animals)

Question 25

Eiusdem generis

Answer 25

‘Of the same kind of 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.
Example - offensive weapons defined as gun, pistol, cutlass

Question 26

Expressio unius est exclusio alterius

Answer 26

Expressing one thing excludes another.

Mention of one or more specific things may be taken to exclude others of the same type

Question 27

Intrinsic aids

Answer 27

‘The use of the statue itself’

A judge can refer to other parts of the statute in order to understand the particular section under discussion

Question 28

Presumptions

Answer 28

An understanding by judges and the legal profession a certain rule applies with no need to prove that rule or establish its source