Essay
P6 M3 D3 2021/22
- Institution
- PEARSON (PEARSON)
Essay of 8 pages for the course Unit 23 - The English Legal System at PEARSON (Business level 3)
[Show more]
2 reviews
By: talha55600 • 2 year ago
By: oliverpatterson • 3 year ago
Content preview
Mohamed ID: 172533Unit 23: The English Legal System
Learning Aim C P6 M3 D3
P6: Explain the rules of precedent and statutory interpretation
through accurate application in given scenarios
Statutory Interpretation
Statutory interpretation means that when that parliament is supremacy whereby Parliament
can make any law, they wish provided it does not conflict with the law of the EU. Once an act of
Parliament has been approved, it comes into force on its commencement date. After that date
it must be applied to relevant cases coming to court. The role of the judge or judges is then to
interpret and apply the law – often this is not a straight forward task. Acts of Parliament are
written by parliamentary counsel who are qualified barristers and expert draftsmen. However,
the English language can be ambiguous and unclear, and errors can also confuse the issue. The
Interpretation Act of 1978 which provides certain basic definitions such as singular includes
plural and he includes she. In addition, the courts have developed rules to assist judges in
interpreting statutes.
Other aids to interpretation are:
Whereby Judges can use a variety of sources of information to help them to understand,
interpret and apply statute law.
Intrinsic aids
Intrinsic aids are anything actually written in the act itself – for example, the title, the
preamble or introduction, the sections, sub-sections, marginal notes and schedules.
Since the beginning of 1999 acts are accompanied by explanatory notes and these can also
be used.
extrinsic aids
Dictionaries and text books, other statutes on the same subject, reports from the Law
Commission or other agencies and, in limited circumstances, reports from Hansard which is
the official daily report of all the debates in Parliament.
The Interpretation Act 1978 defines a number of commonly used terms.
Presumptions
Any new law will not fundamentally alter the common law and existing rights will not be
interfered with.
Whereby any criminal law will require a guilty act and a guilty mind.
Any new law will not have a retrospective effect.
Any new law will not intend to deprive a person of their liberty.
Any new law will not apply to the Crown or conflict with international law.
Words must be read in context.
The courts must read legislation in a way compatible with human rights
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller mohamedali. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £7.49. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
79271 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now