Karteikarten
Statutory Interpretation-Legislative Drafting
Karten in diesem Stapel (11)
- 1For what reasons can problems occur due to legislative drafting?Legal Effectiveness.
Procedural Legitimacy.
Time Constraints.
Certainty/Language.
Legal compatibility. - 2How is legal effectiveness an issue with legislative drafting?The drafting process means that you are turning ideas into word so you may lose some of the original aims or intent of the legislation.
- 3Why is there a time constraint on the drafting of legislation?Legislation must be drafted within the Parliamentary time table. Drafting is a long process so there may be errors and not enough time to review the legislation.
- 4What must the legislation be compatible with?EU laws
Human Rights Act
Existing UK law - 5Why is Wood v Smith significant?Wood v Smith is an example of the confusions with language. It is to do with an alteration of a will and the interpretation of the words 'foot or end' in the Wills Act 1837 and the following amendments.
- 6Why is language an issue in drafting legislation?It is hard to use simple language to explain complicated issues.
It is unclear how the language applies in context.
Generally the courts give words their ordinary meaning. - 7In what ways do the drafting issues effect application of legislation?Difficult to apply words to life.
Legislation is inclusive of all situations.
There is an emphasis on larger jurisdictions, Scottish legislation is often modified versions of English leg. - 8What is the constitutional position on statutory interpretation?Parliament is supreme and the courts are solely interpretative. (Scottish Water v Clydecare Ltd)
- 9What is the significance of Corocraft Ltd v Pan American Airways?It is an example of where the courts must use the correct translation in order to interpret the true intention of parliament. The legislation was translated from French to English but it was not detailed enough.
- 10Magor + St Mellons RDC v Newport CorporationsLord Denning suggests courts should be able to 'fill in the gaps'
Lord Simonds says parliament is supreme. - 11Scottish Water v Clydecare LtdCourts is solely interpretative.
Current approach.
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- Beschreibung
- Karteikarten am Statutory Interpretation-Legislative Drafting, erstellt von Fionnuala Mendha am 22/07/2014.
- Erstellt von
- Fionnuala Mendha
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