Unit 1: Statuatory Interpretation Flashcards
Affirmative Resolution
Both houses need to agree on the statutes before it gets passed on to become active, have up to 28-40 days
Negative Resolution
Both houses need to find something to disagree about the statutes within the 28 days or it will become active
Scrutiny committee
The judges will scrutinise the act, word by word, and find anything wrong with the statute. Best but longest method
Questions
Relevant government ministers are questioned about the act In question. Reasons for, purpose etc.
Define Wednesbury Unreasonableness
Ultra Vires
“No reasonable man activating reasonably would pass it”
Super-Affirmative Resolution
Both houses need to agree on the statute before it gets passed on to become active, have up to 60 days
Define substantive UV
Ultra Vires
Going beyond the powers given
Define Procedural UV
Ultra Vires
The correct procedure of the case has not been carried out
Wednesbury Unreasonableness Example
Wednesbury case
School children were not allowed to go cinema on Sunday evenings because it apparently affected their attendance at school
Procedural UV example
Aylesbury Mushroom Growers
Mushroom growers were not informed that they produced the most amount of mushrooms in the UK, had to be told
Substantive UV example
AG Fulham
Company was told to make free washing facilities, started to charge people, therefor going beyond the powers that they were given
Internal aids
Long title
Royal college nursing v DHSS
Gave more information about the abortion act
Internal aids
Schedules
Hunting act 2004
Gave more specific guidelines about the act. Eg a bird of prey needed to be present when hunting
External aids
Dictionary
Dpp v cheeseman
Defined the word “passenger”
External aids
Hansard
Hansard = what was said in parliament when creating the act itself
Pepper v Hart
External aids
Historical setting
Quintavelle
Did not not know of future embryo creations for infertile people
Internal aids
Preamble
Climate change and sustainable energy act
Explains the act and what it will be used for
Ejusdem Generis
List of items that include “other” but have words of the same kind!
Powell v kempton
Not allowed in “Room, office or house” therefor tatter stall was ok outside
