Public Law 2: Interpreting legislation, Human Rights, Statutory Bodies and Tribunals

Primary Legislation

Act of Parliament

Secondary Legislation

Law created by ministers under "parent" Acts of Parliament ie by-laws

Public Acts

Relate to matters of public concern

Private Acts

Relate to particular places or particular people

A Bill

Draft piece of legislation

Procedure of Legislation

First Reading, Second Reading, Committee Stage, Report Stage, Third Reading, Royal Assent

First Reading

A formality where the Bill's title is read out and a date is set for a second reading

Second Reading

the main principles are debated by MPs

Committee Stage

details of the Bill scrutinised by a legislative committee and amendments can be made

Third Reading

Final debate and vote on the bill. If passed, it goes to House of Lords

Introduction to an Act

Short title, Long title, Date enacted

Joint Committee on Statutory Instruments

The judiciary can scrutinise secondary legislation

Statutory Interpretation

the judicial act of interpreting and applying laws

Literal rule of interpretation

Statute is given its ordinary and plain meaning

Golden Rule

developed to avoid absurd outcomes from the literal application of a literal rule

Adler v George

Case for using the golden rule

Mischief Rule

Precursor to the purposive approach

Purposive approach

Judges look at the strict meaning of words as well as the purpose of the act

Contemporary approach

Combination of literal and purposive approaches

Linguistic presumptions

Assist courts in interpreting meaning of legislation

Expression unius est exclusion alterius

The expression of one thing is the exclusion of another

Ejusdem Generis

Of the same kind

Noscitur a sociis

a word is known by its associates

Tempest v Kilner

Usage of Expressio

Powell v Kempton Park Racecourse

Usage of Ejusdem

Inland Revenue Commissioners v Frere

Usage of Noscituur

Human Rights Act 1998

Act of Parliament that incorporated the European Convention on Human Rights into UK law

European Convention of Human Rights

Established by the Council of Europe

Different types of rights under ECHR

Absolute rights, limited rights and qualified rights

What is a tribunal?

Specialist judicial body dealing with administrative and regulatory cases

Two tribunal levels

First Tier Tribunal and Upper Tribunal

Tribunals, Courts and Enforcement Act 2007

Created the current tribunal system

Seven chambers of First Tier Tribunal

War Pensions and Armed Forces Compensation Chamber, Social Entitlement Chamber, Health, Education and Social Care Chamber, General Regulatory Chamber, Tax Chamber, Immigration and Asylum Chamber, Property Chamber and Property Chamber

Purpose of Upper Tribunal

To hear appeals from the first tier

Coroner's Courts

Investigate all deaths where cause is unknown or there is reason to believe it was not natural causes

Public inquiries

judges sometimes hold inquiries into matters of major public concern and recommend action to government and parliament

Inquiries Act 2005

Public inquiry has legal powers to compel witnesses, legal safeguards and procedures and statutory framework