Study guide
Legislation
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A clear guide to English legislation processes and statutory interpretation
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Legislation:Statute > Equity > Common Law
Legislation is law passed by Parliament.
Types:
Domestic/National
o Statutes / Acts of Parliament:
Royal Assent
Short/long titles
Preamble (older Acts)
Parts/Sections/Subsections/Paras
Schedules
Commencement date
Amendments?
Explanatory notes – possible aid to interpretation
o Secondary / Delegated:
Statutory Instruments
Statutory Instruments are a form of legislation which allow the provisions of
an Act of Parliament to be subsequently brought into force or altered without
Parliament having to pass a new Act. They are also referred to as secondary,
delegated or subordinate legislation.
Statutory instruments are made in a variety of forms, most commonly Orders
in Council, regulations, rules and orders. The form to be adopted is usually
set out in the enabling Act.
Statutory instruments can also be used to amend, update or enforce existing
primary legislation.
By-laws - usually made by local authorities to deal with issues within their own area,
such as parking restrictions. Occasionally other bodies, such as public-transport
operators, can make by-laws. By-laws cannot take effect until they are confirmed by
the appropriate minister. As government control of local matters has increased, the
need for by-laws has decreased.
EU legislation
o Treaties -
o Regulations - EU law directly applicable in each Member State and take precedence over
domestic (national) law if in conflict. (Rule incompatible)
o Directives - Binding on each Member State as to result but leave it to each State to decide
on the manner of implementation. Therefore, there is need for domestic law to implement
How do courts use legislation?
Judges follow the law
Judges must apply the law to facts
Juries try the facts, while judges interpret the law
Judges interpret the meaning of statutes
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