Statutory interpretation concerns the role of judges when trying to apply an Act of Parliament to an actual case.

Golden Rule: Modification of the literal rule, if the literal rule gives an absurd result which isn't what the parliament intended the judges can alter the word to give a just meaning. Common law has to do with customs..also known as unwritten rule Judges have to consider what the common law was before the act was passed in mischief law. Delegated Legislation. The Parliament doesn't have the time or the expertise to pass every law that is required each year. It is therefore necessary for it to give some of its power to other people and organizations to make all the laws. Parliament gives this power in an enabling Act. Types of delegated legislation. There are 3 main types of delegated legislation. a) bylaws. b)statutory instruments. c) orders in Council. Bylaws. By laws are made by local councils and other public bodies; EG: a local council might wish

to ban drinking in its town centre. Another example would be the fines incurred by people who let their dogs foul in public parks. Public corporations,such as the bus and train services,are able to impose fines for non-payment of fares. Statutory instrument. These are regulations made by the government departments to implement the provision made in Acts of Parliament. EG: The department of constitutional Affairs can make changes to the provision of legal aid under the Legal Aid Act 1998. Orders in Council. Orders in Council are laws passed by the Privy Council,which is a group of senior politicians who are allowed to make laws without the need for the whole of parliament to be sitting. The privy council has the power to pass laws in times of emergency with the permission of the queen under the Emergency Power Act 1920. iT MAY DO THIS IN WARTIME. Controls on delegated legislation. General supervision of delegated legislations. Parliamentary supervision of delegated legislation. Court supervision of delegated legislation.

General supervision of delegated legislations. Enabling Act: sets out the powers that Parliament wishes to delegate. Consultation: The enabling act may specify that certain organization or experts must be consulted before delegated legislation is made. Publication: All delegated legislation is published and made available for interested parties to read. Parliamentary Supervision. All bylaws are checked by the relevant Government ministers. All statutory instruments are scrutinized by a group of MPs known as select or (scrutiny) committee. Affirmative resolution procedure requires some statutory instruments to be voted on by parliament . Negative resolution procedure means that most statutory instruments become law unless a debate is requested by a member of Parliament. Question time- Government Ministers are accountable and can be questioned by Parliament . Court Supervision.

Under judicial review, an organization or member of public may challenge a piece of delegated legislation in the High Court. The judge will interpret the wordings of the enabling Act to decide whether the law was made Ultra vires(beyond the power granted by Parliament ) if the legislation is found to be (ultra vires)it would be declared void . Judicial Review (cont). Substantive ultra vires: delegated legislation will be declared void if it allows something that the enabling Act didn't intend. E.G: Commissioners of Customs and Excise V Cure and Deeley 1962, or if the law made under the enabling Act is 'UNREASONABLE' ( Wednesbury unreasonableness) . Procedural ultra vires: the enabling act may set out certain procedures that must be followed before delegated legislation can be passed e.g., agricultural,Horticultural and Forestry Training Board V Aylesbury Mushrooms Ltd 1972 . Homework There is far too much delegated legislation and too little known about it..Evaluate the advantages and disadvantages of delegated legislation and consider to what extent you

would agree with this statement Advantages of Delegated Legislation it saves precious parliamentary time: Parliament is only able to pass about 50 Acts of Parliament per year. Its therefore vital for it to delegate power to make the thousands of other necessary laws. Its flexible: Delegated laws can be passed more quickly if they aren't required to go through the official legislation process. It allows Parliament to concentrate on broad issues of policy rather than masses of details It allows technical matters to be determined by those competent to do so,and can make use of expert knowledge not available within the civil service It also allows local councils to make laws appropriate to their local areas. The enabling Act can impose a requirement of consult ion with those most closely involved before Orders or Regulations are made. It allows rapid action to be taken in times of emergencies . It allows Acts to be implemented piece by piece as circumstances make appropriate . It allows fulfillment of international obligations where amendments is impossible and Parliament can say only yes or no .

Disadvantages. It is undemocratic because it is made by unelected people rather than Parliament . The sheer quantity of delegated laws made each year makes it difficult for the public to be informed of all the changes to the law Although there are controls and checks for delegated legislation,the large quantity makes it difficult for proper scrutiny to occur. The limited scrutiny given to delegated legislation may lead to incomplete or imperfect instrument passing into law . Delegated legislation can be difficult to locate,even for lawyers . An enabling Act may be so brief as to enable a Minister to legislate not just on detail but on policy,which should be the concern of Parliament .