1. (1) Legislation (2) Interpretation (3) Rules of language Mark Van Hoorebeek

2. Types of Law Case Law: Bolton v Stone
Statute Law: Copyright, Designs and Patents Act 1988.
Treaties: ECHR: HRA 1998
Custom: Consuetudo est altera lex: A custom has the force of law.
Conventions: Established rules
Each has a specific role to play in society

3. Statute Law
Statutes are Acts of Parliament (What the MP's do at Westminster)
Highest form of domestic law (supremacy of Parliament)
Glorious Revolution 1688 – King giving power to Parliament
Statutes override inconsistent Common Law

4. Treaties
The EU has primacy over inconsistent domestic law following ECA 1972 s.2.
Custom
Various regions / industries have own customs.
E.g – Baker's dozen = 13 not 12
E.g – rights of fishermen to dry nets on private land
These rights have grown over many years – where there was no effective parliament or source of national law.

5. Conventions
Rules established
E.g. – PM must come from the Commons not the Lords
E.g. – MP's not allowed to deliberately mislead to Parliament – must resign
E.g. – MP's not allowed to call another MP a liar

6. LEGISLATION: What is it ?
One of the main sources of law
Made by Parliament
Statute law is based on the will of parliament and subsequently interpreted by judges

7. LEGISLATION: What is it ?
Of increasing importance
Increasingly delegated
Subject to EU direction and Human Rights Legislation
Enables ‘quick’ changes of direction
Potentially more authoritative?

8. LEGISLATION: Relevance to Business?
Ability to influence development via consultation
Adapt to meet requirements and early identification of opportunities and threats
Avoid or Manage Risk arising from implementation through
Awareness of ambit
Recognition of alternative courses of action
Ability to understand and interpret

9. LEGISLATION: Why use it ?
Creates new areas of law
Where none exists
Where common law inadequate to develop
Where required by EC law

10. LEGISLATION: Why use it ?
Rationalize or amend existing provision
Abolish common law or statutory rule
Amend or consolidate common law or statutory rule
Big Ben, houses of parliament
Uploader:tomDrawn by:tomCreated: :14:14Description:A silhouette outline of the houses of parliament in the UK, tower also known as "Big Ben“

11. LEGISLATION: Where do I find it ?
Proposals: Contained in range of Consultation Papers and informed commentaries and responses
Reports, Green papers, White papers
Implementation
Available from public/private and free/subscription
services providing actual text and informed commentaries

12. Screenshot
Not on handout

13. LEGISLATION: Types
Form
Public Acts
Private Acts
Enabling Legislation [delegated legislation]
Function
Consolidating
Codifying
Amending

14. LEGISLATION: How is it made?
Preparatory formal/informal consultation
Parliamentary Process
First Reading, Second reading
Committee Stage
Report stage
Third reading
House of Lords: Royal Assent
NB Bill usually lost if not completed all stages before end of Parliamentary session but see recent reforms

15. Legislation is one of the three main sources of law
The Parliamentary process - aims?
1) Speed 2) Debate 3) Check
Consultation & Notification via:
Green Paper
White Paper
Manifesto
Queens Speech

16. The Bill is then printed.
THE PASSAGE OF A PUBLIC BILL (introduced by the Govt into the House of Commons)
First Reading (Bills may be introduced into either House but Bills with financial implications or those deemed controversial will be introduced in the Commons by a Minister).
The First Reading gives notice - no questions or debate are entertained at this stage.
The Bill is then printed.

17. SECOND READING
The general principles behind the legislation will be debated and if necessary a vote will be taken.
COMMITTEE STAGE
After the second reading the Bill will be passed to a committee to consider the Bill clause by clause. The committee has wide powers to make amendments, view documents and call witnesses (i.e. ministers) if deemed appropriate.

18. REPORT STAGE
The committee will report back to the House highlighting any amendments which may have been made.
THIRD READING
The Bill is considered in its revised form (if applicable). Note however that any debate is restricted to the revised contents of the Bill. The general principles are not debated again.

19. OTHER HOUSE: In the other House the Bill will follow a similar procedure (some differences do exist).
ROYAL ASSENT: A pure formality (see the Royal Assent Act 1967). This is reflected by the fact that Royal Assent was last refused in 1707.
EFFECTIVE FROM?1) The date of Royal Assent or 2) Some specified date in the future or 3) When determined by a designated person

20. LEGISLATION: Delegated Legislation
Legislation made by some person or body to whom parliament has delegated its general law making powers.
Types
Orders in Council
Statutory Instruments
Bylaws
Court Rules Committees
Professional regulations

21. LEGISLATION: Delegated Legislation
Advantages
Speed thereby permitting?
Expertise
Flexibility
Local Knowledge
Disadvantages
Lack of media coverage
Potential abuse of power
May be deemed unconstitutional
Cumbersome

22. LEGISLATION: Delegated Legislation
Controls
Parliamentary
Power may be removed
Parliamentary Committees
Ministerial responsibility
Judicial
Doctrine of ultra vires

23. LEGISLATION: Interpretation Rules
Legislation being written is at risk of differing interpretation as generality of application achieved at expense of detailed clarity
Judges charged with interpretation of the will of Parliament

24. LEGISLATION: Interpretation Rules
Rules of Interpretation adopted
Literal rule
Golden Rule
Mischief Rule
Plus additional aids of
Intrinsic and extrinsic information
Presumptions

25. LEGISLATION: EC Legislation
Community law depending on nature and source may have
Direct effect without need for member state enactment
Indirect effect through specific enactment into internal law
Four Sources
Internal Treaties and Protocols
International Agreements
Secondary Legislation
Decisions of the European Court of Justice

26. LEGISLATION: Human Rights Legislation
The Human Rights Act 1998 incorporates the European Convention on Human Rights into UK law

27. LEGISLATION: Human Rights Legislation
The Convention Rights are
Right to life
Prohibition of torture
Prohibition of slavery and forced labour
Right to liberty and security
Right to a fair trial
No punishment without lawful authority
Right to respect for private and family life
Freedom of thought, conscience and religion
Freedom of expression
Freedom of assembly and association
Right to marry
Prohibition against discrimination
Protection of property
Right to education
Right to free elections

28. Statutory interpretation
Literal rule
Golden rule
Mischief rule

29. The literal rule The literal rule gives the words in question their
plain, ordinary dictionary meaning.
An example can be seen in the case of London and North Eastern Railway Co v Berriman (1946). This case involved a widow claiming compensation for her husband, who had died at work. He was killed while oiling points on a railway line.

30. The literal rule
The Fatal Accidents Act 1864 stated that there should be a lookout when workers were 'relaying' or 'repairing' the track. The court interpreted the words 'relaying' and 'repairing' literally and concluded that oiling was maintenance, not relaying or repairing.
train roadsign
Uploader:ryanlerchDrawn by:ryanlerchCreated: :18:11Description:A sign depicting a train crossing ahead. Swedish Road Signs Collection on Wikicommons - URL information about why this image is in the public domain can be found there.
'relaying' or 'repairing'

31. Advantages
It results in a quick decision because the meaning can be found in a dictionary or other source.
It respects parliamentary supremacy because a judge's function is to apply the words of Parliament and not to make law.
It is also advantageous when the words under discussion are clear, lacking ambiguity or broadness.

32. Disadvantages
It can produce absurd outcomes, create injustice and result in outcomes that do not match parliamentary intentions.

33. The golden rule
The golden rule is a variation on the literal rule. The golden rule can be used in two ways: The narrow and the wide approach.
The narrow approach occurs when a word has multiple meanings. The judge selects one meaning that best fits the situation. This approach is illustrated in the case of R v Allen (1872).

34. Golden Narrow
This case involved the word 'marry'. The court noted that there were two primary meanings of this word. The first involved a legal commitment to another person and the second meant being involved in a ceremony. It was noted by the judges that the first meaning would create a loophole - since the second marriage would be void, it would be impossible to commit bigamy in a criminal sense. Therefore, the court was prepared to read 'marry' as 'to go through a ceremony of marriage'.

35. Golden Wide
The wide approach is adopted when the meaning of a word would result in a
ridiculous or repugnant outcome.

36. Golden Wide: Re Sigsworth (1935).
A son had murdered his mother. She had not made a will so, as the next of kin, he would inherit the estate. The wording of the Act in question was clear and if the courts applied the literal rule the son would inherit the estate. However, the courts were not prepared to allow this to happen, so the wider approach of the golden rule was adopted.
Jackknife
Uploader:TomZDrawn by:Thomas Zastrow / TomZCreated: :17:44Description:A Jackknife

37. The mischief rule
The origins of the mischief rule can be traced back to Heydon's Case (1584). This rule looks at the law before the Act was passed and at what the Act was intended to amend. The judges interpret this Act to cover any defect.

38. The mischief rule
This situation is illustrated in Smith v Hughes (1960). This case involved the Street Offences Act 1959, which made it an offence for a prostitute to solicit or loiter in a street or public place for the purposes of prostitution.
Girl silhouette
Silhouette of Stripper on a Pole
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39. The mischief rule
The court had to consider appeals by six women. They had all been charged under the Act, but they argued they were not guilty because they were not in a street.
Woman Silhouette 14
Uploader:nicubunuDrawn by:nicubunuCreated: :38:09Description:Black silhouette defining a female body shape.

40. The mischief rule
They were inside a house and had been attracting attention by tapping on windows or shouting out. The court used the mischief rule and it was noted that the Act was designed to clear up prostitution in the streets so people could walk along the street without being molested. Therefore, although the prostitutes were not actually in the street, the Act was interpreted to include the activity they were engaged in.

41. Hansard
Hansard is an external aid, a record of what has been said in Parliament. Whether this aid should be used has caused judicial debate. Lord Denning in Davis v Johnson (1979) discussed the benefits of using Hansard, but in this case judges in the House of Lords thought it would result in greater confusion and not give the judge a clearer insight into the Act.

42. Hansard
In Pepper v Hart (1993) the House of Lords overruled Davis and allowed Hansard to be used in certain situations:

43. Hansard
if the legislation is ambiguous or obscure or leads to anabsurdity
if the material relied on consists of one or more statements by a minister or promoter of the bill, together with such other parliamentary material as is necessary to understand such statements and their effect
if the statements relied on are clear

44. Rules of language
Rules of language have developed to help in the interpretation of statutes. They allow judges to look at other words in the Act in order to make the meaning clear.
There are three rules of language:

45. (1) Ejusdem generis
This rule is used when there is a list of words in the statute followed by a general word - the general word is taken to include only things of the same kind.

46. Ejusdem generis
This rule was used in Powell v Kempton Park Racecourse (1889). The defendant had been operating an outside betting place. The Act stated 'house, office, room or other place of betting'. The court therefore had to define if 'other place' would cover the defendant's situation. As the terms in the list all referred to indoor places, it was decided that 'other place' also referred to an indoor place.

47. (2) Expressio unius est exclusio alterius
This rule is used when the express mention of one thing implies the exclusion of another. An example can be seen in Tempest v Kilner (1846). This considered the Statute of Frauds Act 1677, which noted that a contract for the sale of 'goods, wares and merchandise of £10 or more' needed to be evidenced in writing. This case concerned stocks and shares and, because they were not expressly mentioned in the list, they were excluded.

48. (3) Noscitur a sociis
This rule is used by looking at the words of the relevant section or other sections of the Act. It is sometimes described as
'a word is known by the company it
keeps'.

49. Muir v Keay (1875) LR 10 QB 594.
All houses kept open at night for “public refreshment, resort and entertainment” had to be licensed. The defendant argued that his café did not need a licence because he did not provide entertainment. The court held that “entertainment” did not mean musical entertainment but the reception and accommodation of people, so the defendant was guilty.