English Legal System - Unit 1: Chapter 1 Notes PDF

The English Legal System -- Unit 1/ Chapter 1 Important Notes/Tips to remember - Legislation is often a synonym for Statute - But a Statute is specifically an Act of Parliament -- legislation is a generic term including other types of legislation - Parliament consists o...

The English Legal System -- Unit 1/ Chapter 1 Important Notes/Tips to remember - Legislation is often a synonym for Statute - But a Statute is specifically an Act of Parliament -- legislation is a generic term including other types of legislation - Parliament consists of the Monarch, House of Commons (elected) and the House of Lords (not elected) - Both Houses are involved in the process of creating Acts of Parliament - Steps: - Green Paper - White Paper - Bill - Parliamentary debate - Both Houses approve it - Monarch grants formal approval (Royal Assent) - Bill becomes Act - Public Bills concern matters affecting the public as a whole - Stalking Protection Act 2019 - They are either government Bills (introduced by a minster as part of the Governments legislative programme; or - Private Members Bill which are non-government sponsored Bills introduced by backbench MPs - Private Bills concern particular persona or a particular locality. - New section of a railway line or reservoir - Consolidating reenacts law which was previously contained in several different statutes (rebuttable presumption that it does not materially change earlier legislation) -- effectively tidy's up laws - Ex. Insolvency Act 1986 - Cannot include case law - Usually cannot change old law - Codification where all law on some topic (which may previously have been covered by common law, custom and even statute is brought together in one new statute - Ex. Theft Act 1968 - Can include case law - Can change old law - Chapter 3 -- Statutory Interpretation -- Important notes - Sometimes statutes, legislations, etc can be ambiguous and unreliable as Parliamentary counsel have to turn complex rules and subtle nuances into statute therefore it needs to be interpreted - Sometimes it's the drafting at fault but often it is because a word can have multiple meanings. - Rules of Construction -- referred to as rules however they are general principles, and are not binding 'rules'. Construction means the same as interpretation - Literal Rule - Words must be given their plain, ordinary meaning - Important cases - Sussex Peerage Case - Golden Rule - Mischief Rule - Purposive Approach - - Important Cases - *R (Quintavalle) v Secretary of State for Health \[2003\] UKHL 13 --* one of the leading cases on modern approach to statutory interpretation -