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)
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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
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