Aids to construction

In attempting to decide upon the precise meaning of any statute, judges use well established rules of interpretation, of which there are three primary ones, together witha variety of other secondary aids to construction  The rules of statutory interpretation are as follows: • Intrinsic assistance This is help which is actually derived from the statute which is the object of interpretation. The judge uses the full statute to understand...

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Advantages of the use of delegated legislation

The advantages of using delegated legislation are as follows: • Timesaving Delegated legislation can be introduced quickly where necessary in particular cases and permits rules to be changed in response to emergencies or unforeseen problems.  The use of delegated legislation, however, also saves parliamentary time generally. Given the pressure on debating time in Parliament and the highly detailed nature of typical delegated legislation,...

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The legislative process

As an outcome of various historical political struggles, Parliament, and in particular the House of Commons, has asserted its authority as the ultimate source of law making in the UK. Parliament’s prerogative to make law is encapsulated in the notion of the supremacy of Parliament.  Parliament consists of three distinct elements: the House of Commons, the House of Lords and the Monarch. Before any legislative proposal, known at that stage...

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Private law and public law

At one level, the division relates specifically to actions of the State and itsfunctionaries vis à vis the individual citizen, and the legal  manner in which, and form of law through which, such relationships are regulated; that is, public law. In the 19th century, it was at least possible to claim, as Dicey did, that there was no such thing as public law in this distinct administrative sense, and that the power of the State with regard...

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CATEGORIES OF LAW

There are various ways of categorising law, which initially tends to confuse the nonlawyer and the new student of law. What follows will set out these categorisations in their usual dual form whilst, at the same time, trying to overcome the confusion inherent in such duality. It is impossible to avoid the confusing repetition of the same terms to mean different things and, indeed, the purpose of this section is to make sure that students are...

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THE NATURE OF LAW

To a great extent, business activity across the world is carried on within a capitalist, market-based system. With regard to such a system, law provides and maintains an essential framework within which such business activity can take place, and without which it could not operate. In maintaining this framework, law establishes the rules and procedures for what is to be considered legitimate business activity and, as a corollary, what is not legitimate....

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