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and facts are successful interpreters of rules, assessors of situations and excellent problem solvers. They are, by definition, excellent lawyers. 3.4.2 Types of legislation: primary and secondary Parliament authorises the creation of a range of different types of legal rule, as set out in Figure 3.6, below. They are all united by the fact that they are created in a fixed verbal form. Only those words were agreed by Parliament as containing the legal rule, not other words. A characteristic of such rules is that they rarely come as single units—they are usually a collection of rules. They also come with attached definitions, defences, modes of interpretation and guidelines for operation. Sometimes legislation is a reasonably well considered response to a particular issue such as: • consumer protection; • law and order; • European Community obligations; • family law. Sometimes, legislation is quickly created as a reaction by parliament to a crisis or public outcry or a one off situation, for example, terrorism. Of course, in reality, it is the government of the day that determines what issues are put into the parliamentary law making machinery. Figure 3.7, below, illustrates the major procedure for the creation of legislation. However, this text concentrates on the techniques for understanding such rules and the processes of interpretation that the courts, officials, ordinary people and law students follow in order to apply these rules. Although each piece of legislation responds to particular issues, the finer details of the situations that the rules will have to be applied to will vary enormously. Therefore, another characteristic of legislation is that it is drafted in a general way, in order, it is hoped, to be applicable to the widest possible range of situations. This often presents a major challenge to those drafting the legislation and to those who are subsequently called upon to interpret it. Another factor that must be borne in mind when considering the meaning and application of legislation is that it may have been changed in some way since enactment. For example, it may have been changed: • by parliamentary authority, through legislation amending it (adding to or subtracting from it) or by repeal (abolishing it); • by the House of Lords or the Court of Appeal determining the meaning of words and phrases used to make up the legal rule; UK courts have no power to amend or abolish legislation. But their power to interpret legislation can have a major impact on the application of the legislation; • by European Community legal obligations directly entering English law and conflicting with the legal rule.
DOI link for and facts are successful interpreters of rules, assessors of situations and excellent problem solvers. They are, by definition, excellent lawyers. 3.4.2 Types of legislation: primary and secondary Parliament authorises the creation of a range of different types of legal rule, as set out in Figure 3.6, below. They are all united by the fact that they are created in a fixed verbal form. Only those words were agreed by Parliament as containing the legal rule, not other words. A characteristic of such rules is that they rarely come as single units—they are usually a collection of rules. They also come with attached definitions, defences, modes of interpretation and guidelines for operation. Sometimes legislation is a reasonably well considered response to a particular issue such as: • consumer protection; • law and order; • European Community obligations; • family law. Sometimes, legislation is quickly created as a reaction by parliament to a crisis or public outcry or a one off situation, for example, terrorism. Of course, in reality, it is the government of the day that determines what issues are put into the parliamentary law making machinery. Figure 3.7, below, illustrates the major procedure for the creation of legislation. However, this text concentrates on the techniques for understanding such rules and the processes of interpretation that the courts, officials, ordinary people and law students follow in order to apply these rules. Although each piece of legislation responds to particular issues, the finer details of the situations that the rules will have to be applied to will vary enormously. Therefore, another characteristic of legislation is that it is drafted in a general way, in order, it is hoped, to be applicable to the widest possible range of situations. This often presents a major challenge to those drafting the legislation and to those who are subsequently called upon to interpret it. Another factor that must be borne in mind when considering the meaning and application of legislation is that it may have been changed in some way since enactment. For example, it may have been changed: • by parliamentary authority, through legislation amending it (adding to or subtracting from it) or by repeal (abolishing it); • by the House of Lords or the Court of Appeal determining the meaning of words and phrases used to make up the legal rule; UK courts have no power to amend or abolish legislation. But their power to interpret legislation can have a major impact on the application of the legislation; • by European Community legal obligations directly entering English law and conflicting with the legal rule.
and facts are successful interpreters of rules, assessors of situations and excellent problem solvers. They are, by definition, excellent lawyers. 3.4.2 Types of legislation: primary and secondary Parliament authorises the creation of a range of different types of legal rule, as set out in Figure 3.6, below. They are all united by the fact that they are created in a fixed verbal form. Only those words were agreed by Parliament as containing the legal rule, not other words. A characteristic of such rules is that they rarely come as single units—they are usually a collection of rules. They also come with attached definitions, defences, modes of interpretation and guidelines for operation. Sometimes legislation is a reasonably well considered response to a particular issue such as: • consumer protection; • law and order; • European Community obligations; • family law. Sometimes, legislation is quickly created as a reaction by parliament to a crisis or public outcry or a one off situation, for example, terrorism. Of course, in reality, it is the government of the day that determines what issues are put into the parliamentary law making machinery. Figure 3.7, below, illustrates the major procedure for the creation of legislation. However, this text concentrates on the techniques for understanding such rules and the processes of interpretation that the courts, officials, ordinary people and law students follow in order to apply these rules. Although each piece of legislation responds to particular issues, the finer details of the situations that the rules will have to be applied to will vary enormously. Therefore, another characteristic of legislation is that it is drafted in a general way, in order, it is hoped, to be applicable to the widest possible range of situations. This often presents a major challenge to those drafting the legislation and to those who are subsequently called upon to interpret it. Another factor that must be borne in mind when considering the meaning and application of legislation is that it may have been changed in some way since enactment. For example, it may have been changed: • by parliamentary authority, through legislation amending it (adding to or subtracting from it) or by repeal (abolishing it); • by the House of Lords or the Court of Appeal determining the meaning of words and phrases used to make up the legal rule; UK courts have no power to amend or abolish legislation. But their power to interpret legislation can have a major impact on the application of the legislation; • by European Community legal obligations directly entering English law and conflicting with the legal rule.
ABSTRACT
Parliament authorises the creation of a range of different types of legal rule, as set out in Figure 3.6, below. They are all united by the fact that they are created in a fixed verbal form. Only those words were agreed by Parliament as containing the legal rule, not other words.