Interpretation of Legislation made by Senedd Cymru Flashcards
(9 cards)
What is the most significant difference between Acts of Senedd Cymru and UK Parliament Acts?
A. Senedd Acts are subject to legislative competence and can be invalid if they exceed devolved powers
B. Senedd Acts are automatically overridden by UK case law
C. UK Acts must be bilingual, while Senedd Acts are not
D. Senedd Acts are always subject to judicial review by the Prime Minister
A. Senedd Acts are subject to legislative competence and can be invalid if they exceed devolved powers
Explanation: Unlike UK Parliament, Senedd Cymru is not sovereign — it must legislate within devolved subject areas, or the Act is invalid.
What approach will courts generally take when interpreting ambiguous Senedd Cymru legislation?
A. Assume the law is invalid until proven otherwise
B. Interpret it in a way that preserves its legality within devolved competence
C. Refer the matter to Parliament for clarification
D. Apply the literal rule without reference to competence
B. Interpret it in a way that preserves its legality within devolved competence
Explanation: Courts aim to preserve legislative validity by reading the Act as within Senedd’s powers where possible.
Which legal instrument governs the legislative competence of Senedd Cymru?
A. Human Rights Act 1998
B. European Communities Act 1972
C. Parliament Acts 1911 and 1949
D. Government of Wales Act 2006
D. Government of Wales Act 2006
Explanation: This Act defines the scope of Senedd Cymru’s devolved powers and forms the legal basis for all its legislation.
A Welsh statute appears to violate a protected ECHR right. How will the court respond?
A. Strike down the provision as invalid
B. Refer the matter to the UK Parliament
C. Issue a declaration of incompatibility but keep the statute in force
D. Disapply the law only if it affects EU citizens
A. Strike down the provision as invalid
Explanation: Unlike UK Acts, Senedd Acts are not valid if they breach human rights — the court must treat them as outside competence.
A lawyer refers to both the English and Welsh versions of a Senedd Act to resolve a conflict. Why is this permitted?
A. Because Welsh translations override English
B. Because only Welsh law permits interpretation by bilingual judges
C. Because the Welsh version is always presumed more recent
D. Because both versions have equal legal status
D. Because both versions have equal legal status
Explanation: Under the Welsh Language (Wales) Measure 2011, the English and Welsh texts of Senedd legislation are legally equal.
A judge is interpreting a provision of a Senedd Act. Which interpretive tools may they use?
A. Only literal and golden rules
B. The same tools used for interpreting UK Parliament Acts
C. Rules approved by the Counsel General for Wales only
D. Internal aids but not external ones
B. The same tools used for interpreting UK Parliament Acts
Explanation: Courts apply standard UK interpretive tools (e.g. purposive, mischief, Hansard) equally to Welsh legislation.
Which of the following is not a valid reason for courts to depart from the literal meaning of a Senedd Act?
A. To ensure compliance with the Human Rights Act
B. To preserve the Act’s validity within legislative competence
C. To resolve genuine ambiguity between language versions
D. To favour Welsh grammatical structure over English
D. To favour Welsh grammatical structure over English
Explanation: Courts must treat both languages equally — preference is not given to one unless it better reflects legislative intent.
In interpreting devolved legislation, why might a court use the purposive approach more readily than the literal rule?
A. To avoid creating binding precedent
B. To clarify bilingual drafting
C. To ensure the Act stays within devolved competence and achieves intended policy
D. Because UK Parliament requires it for all public bodies
C. To ensure the Act stays within devolved competence and achieves intended policy
Explanation: The purposive approach helps courts read legislation in a way that keeps it valid and effective, especially under competence limits.
Which of the following is true about bilingual legislation made by Senedd Cymru?
A. The Welsh version is authoritative unless a judge decides otherwise
B. Judges will always prefer the English version
C. Both versions must be read together to find consistent meaning
D. Only the English version can be cited in court
C. Both versions must be read together to find consistent meaning
Explanation: Courts must consider both official language versions, using them together to resolve ambiguity or conflict.
