Laws Connections Course

CHAPTER 3 - The structure of the English legal system

Two types of law:

 Legislation:
o Constitutionally superior because of parliaments sovereignity
o Importance: staid/settled character
 Fundamental for rule of law since it is a publicly available statement
 Symbolic function (Human rights act)
 Outcome of debates and political disagreements, fundamental parts for
settling disputes
o Complications:
 Lots of it (extensive statute look legislation.gov.uk)
 It hasn’t always been that way (majority mid 19-century)
o Types:
 Primary legislation such as statutes or acts of parliaments. - Introduced in
the form of bills by the government and introduced wither by individual
members of the house of commons or lords
 Secondary legislation:
 Devolved legislation (check when you look for legislation its geographical
scope)
- Legislation is not fixed in time (amendments rather than revocations)
- Many types of legislation will be accompanied by an impact assessment: justification for
existence of that piece of legislation
 Judge made law

Rules of statutory interpretation:

Traditional
- Fisher and Bell CASE (1960): “OFFENCE TO OFFER FOR SALE OFFENSIVE WEAPONS”.
Interpretation of “offer for sale”. Judge used the literal rule (=everyday meaning of words,
purest way) vs legal word of offer  contract law
- Golden rule: where the literal rule may lead to absurdity, then the judges have the obligation
to find another interpretation to avoid it. It can be very subjective
- Mischief rule: judge has more involvement in interpretation. Was there a gap in the law when
legislation was created? Protect the solution the law was intended to achieve.

Modern approach
Purpose approach: what is the legislation trying to achieve, roots in European law. (courts of
justice EU)  distils the intention of parliament so the judges respect this approach vs the
judge is going to far, problem: how?