ELS:Constit Law - Unit 1 Summary PDF

Minister -- promotes Bill, their department formulate policy - Ministers' intent is important, they are the start of the Act but they are so far removed by the end of the process Draftsmen -- put that policy into concise legal language - Write the Statute at every stage of the Bill to the...

Minister -- promotes Bill, their department formulate policy - Ministers' intent is important, they are the start of the Act but they are so far removed by the end of the process Draftsmen -- put that policy into concise legal language - Write the Statute at every stage of the Bill to the Act, but they have no formal role (basically just translate intent) MPs in Committee -- discuss the Bill in great detail - Discuss the Bill in great detail and their discussions change the law -- politically motivated - No appropriate as a source of assistance in statutory interpretation MPs in House -- Bill is voted on by both Houses at various stages - Discuss and debate the Bill before it comes law, their contributions are important to the changes to the Bill before it becomes law - Thye are also politically motivated and cannot be used as a source of assistance in statutory interpretation The Queen (King) -- formally assents the Bill -- Royal Assent -- becomes an Act - Sponsors most Bills and gives Royal Assent, in theory has veto over legislation however has not used this veto power since 1707 **The Goodwin Case** - The defendant was riding a jet ski when it collided with another jet ski seriously injuring its rider. He was charged with the doing of an act by the master of a ship which caused or was likely to cause serious injury, contrary to section 58(2)(a) of the Merchant Shipping Act 1995. His application to have the indictment quashed on the ground that the jet ski was not a \"ship \" for the purposes of section 58, as it was not a \"vessel used in navigation \" within the definition in section 313(1), was dismissed, and he pleaded guilty on the basis that he was the \"master\" of the jet ski. The defendant appealed on the ground, inter alia, that, although by virtue of regulation 4 of the Merchant Shipping Act 1970 (Unregistered Ships) Regulations 1991 section 58 of the 1995 Act extended to unregistered \"sea-going ships\" and to \"masters \... employed in them\", the jet ski was not such a vessel and he was not a master so employed. - **Charge**: Doing an act as master of a ship which caused -- or was likely to caused -- serious injury contrary to section 58, subsection 2(a) of the Merchant Shipping Act 1995 - **Appeal:** on the basis of statutory interpretation of the word vessel - **Rules of Construction use:** - **Rules of Language**