Statute Law Flashcards
(23 cards)
What is Statute Law?
Law that is passed by parliament
Only parliament can change/repeal those laws.
What is the process by which statute law is passed?
(In order)
- Green paper
- White paper
- First reading
- Second reading
- Committee stage
- Report stage
- Third reading
- Same procedure in other house
- Royal assent
What is Green paper?
Proposal for new law
What is white paper?
Comments will be received by members of parliament, then new law is drafted
What is first reading?
Introduction to the House.
- Formality
What is the second reading?
Debate the merits of proposed legislation
What is the Committee stage?
All-party committee discuss and amend the draft
What is the Report stage?
Amended draft is presented to the House for approval
What is the third reading?
Final approval by the house
What is Royal Assent?
Final step where monarch gives approval.
- Is a formality in practice, even though monarch could technically refuse
Statutory Interpretation What is the literal rule?
The words of statute are to be taken by their literal, ordinary, everyday meaning.
Statutory Interpretation What is the golden rule?
Literal rule is not upheld if it would lead to an absurdity.
Statutory Interpretation What is the mischief rule?
Where the ruling targets the problem the legislation intended to solve, rather than the literal interpretation.
Statutory Interpretation What is Ejusdem generis?
Where overly general words can be attributed to a more specific category
(eg cats, dogs and other animals - other animals would be considered domestic pets).
Statutory Interpretation What is Expressio unius est exclusio alterius?
Where expression of one excludes others in the literal sense, the excluded items are in fact considered.
Statutory Interpretation What is Noscitur a sociis?
Where a particular word or phrase is ambiguous, it is considered with respect to surrounding words to find intended meaning.
Statutory Interpretation What is In Pari Materia?
If two statutes cover the same topic, courts interpret them together, giving identical words the same meaning across both.
Statutory Interpretation What is the Purposive approach?
Where the ruling questions what overall purpose did the legislation intend, rather than the literal interpretation.
What are the presumptions of statutory interpretation?
- Judges are bound by both rules and presumptions
- Statute should not alter existing common law
- Statute should not deprive a person of their property
- Statute should not operate retrospectively
- Statute does not bind the Crown
- Statute should not deprive a person of their liberty
- Statute operates throughout the UK
- Statute does not create an offence for which there is no defence (absolute liability) unless made absolutely clear
- Statute should not conflict with existing statute
What are some intrinsic aids to interpretation?
- The title
- The preamble (introduction)
- Interpretation section
- Margin notes
What are some extrinsic aids to interpretation?
- Reports of committees?
- Dictionary
- Books of authority
- Hansard (record of everything said in parliament)
- Interpretation Act 1987
What is delegated legislation?
Law that is made by any person or body other than Parliament, but under the power that Parliament has handed to them.
Examples of Delegated legislation:
- Statutory instruments
- Bylaws
- Orders in Council
- Rules of Court
- Professional regulations
