Fda BusinessVictoria Grace Unit5 3 – Law for Business Week 7 – How statutory rules are made and interpreted

Fda BusinessVictoria Grace Objectives of session Today learners will discuss and apply; Overview of Parliament Definitions of statutory rules Stages I making an Act of Parliament Public and Private members Bills (the difference) Primary and delegated legislation Principles of statutory interpretation EU regulations, directives and decisions

What is a Statute? “Put together by the Government, passed or approved by Parliament and is then part of the law of the land” Fda BusinessVictoria Grace

Statutory legal rules Acts of Parliament Big general laws Open to interpretation by the courts Stages in making an Act of ParliamentStages in making an Act of Parliament Statutory Instruments Smaller More exact laws which control particular activities i.e. congestion charges Fda BusinessVictoria Grace

Fda BusinessVictoria Grace Public members Bill Statute laws are public bills Introduced by Government after a long preparatory period Over 90% of Bills that are passed by Parliament become Acts Why is this? You need to research

Fda BusinessVictoria Grace Private members Bill Proposed by MP’s themselves Four ways they can be introduced; –After a ballot held by MP’s –Through the ‘10 minute rule’ –Through ‘ordinary presentation’ –By peers (members of the House of Lords) Most proposals never become law because there is not enough time to debate them

Fda BusinessVictoria Grace Doctrine of Parliamentary sovereignty “Parliament is the most powerful institution of the government” Parliament has the power to make or unmake laws of the land Judges only have the power to interpret them not change them Limitations that exist: »Judiciary »EU

Primary and delegated legislation Primary legislation Laws debated in Parliament Bills whilst they are being considered and then Acts when they are passed Delegated legislation Passed by Parliament to individual departments i.e. department of transport Fda BusinessVictoria Grace

Principles of statutory interpretation As we have previously discussed all laws whether common or statutory are written down it is then the job of the people within the courts i.e. the judges to interpret them Fda BusinessVictoria Grace

Rules of Statutory interpretation Literal Rule “interpreted according to the exact meaning of the words in them. Followed to the letter” Mischief Rule “looks at the wrongdoing it is trying to prevent, and whether the decision will prevent that wrongdoing” Golden Rule “common-sense meaning of the words in the law should be followed, unless if the wording of the law led to an absurd or unfair result common sense should be used to ensure that the judgement in a case is a good one” Fda BusinessVictoria Grace

Research activity (1) Make a list of the advantages and disadvantages you can think of for each of these rules of statutory rules – refer to text books to gain some literary ideas Fda BusinessVictoria Grace

Research Activity (2) Investigate integrated and purposive approaches to statutory interpretation Investigate the European Union legal rules Legislative process EU regulations, directives and decisions Evaluate conflicts between EU and domestic legislation The role of the European Court of Justice Fda BusinessVictoria Grace

Helpful sources Fda BusinessVictoria Grace

Hints and tips for merit and distinction In order to gain the Merit ad distinction criteria for the assessment you will have carried out research activity 1 and 2 effectively gathering data from a variety of sources including textbooks, you will then evaluate your findings and demonstrate your knowledge and understanding by presenting a clear and coherent presentation with the ability to discuss these areas with confidence Fda BusinessVictoria Grace

GAMES AND TESTS RACE AGAINST TIME MAKING A LAW RESOURCE DISCOVER PARLIAMENT INTRODUCTION TO PARLIAMENT INTERACTIVE RESOURCEINTRODUCTION TO PARLIAMENT INTERACTIVE RESOURCE Fda BusinessVictoria Grace