Statutory Instrument

INTRODUCTION A trend very much in vogue to-day in all democratic countries is that only a relatively small part of the total legislative output emanates directly from the legislature. The bulk of the legislation is promulgated by the executive and is known as Delegated Legislation. So a simple definition of Delegated Legislation is that its “a type of law” which can be made quickly and is not made by Parliament or a law made by a person or a body to whom the Parliament has delegated law-making power

TRADITIONAL RULES OF STATUTORY INTEPRITATION LEGAL RESEARCH AND WRITING II LAW 108 when parliament has exceeded a certain stage, it falls to the court to apply the statute in a particular case. This can lead to hardship in the sense that the fact of certain issues may not have been concluded by the parliament or where right are been moved as an error in the statute. The three

The literal rule of statutory interpretation should be the first rule applied by judges. Under the literal rule, the words of the statute are given their natural or ordinary meaning. They don’t interpret meaning. Lord Diplock in the Duport Steel v Sirs case (1980) defined the rule: “Where the meaning of the statutory words is plain and unambiguous it is not then for the judges to invent fancied ambiguities as an excuse for failing to give effect to it’s plain meaning because they consider the consequences

THE REASONING OF COMMON LAW The English Law is based on Common Law also known as Case Law,it arises when new decisions are made by Judges in Courts. Common Law tends to be instructive in nature, in case of Common Law,a Judge refers to a similar cases in the past and makes a decision after following other Judge’s reasonings and the principles applied on previous cases;In some instances a judgment passed by the Judge becomes the new law provided there are no existing statutes applicable;On the other

introduction over the last five decades has proved to be difficult to deal with and has since been seen as an Act which essentially remains the same and which has not seen any significant changes since its inception. The Law Commission is the statutory independent body created by the Law Commissions Act 1965 which set up is to trawls for redundant law. The aim of the Commission is to keep the law under review and to recommend reforms where it is needed. In the 1992 report by the Commission, it

Government has a majority of MPs in the House of Commons it can vote out any private members’ bill that do not fit to their political agenda. Furthermore Very little of Parliamentary time is allocated to private members’ bills. Only a small amount of private members’ bills are enacted each year. In 2000/10 only five private members’ bills made it into the book of statutes. Undemocratic meaning neither the House of Lords or the Queen is elected so therefore they should not both be able to have the

being used on a road. Interpretation: i. Lord Clyde uses the ‘Purposive approach’ rather than the ‘Literal approach’ when deciding the case. References STATUTORY INSTRUMENTS.(2000), Retrieved April, 9, 2009 from http://www.egos.co.uk/legislation/Consumer_Protection__Distance_Selling_regs_2000_as_amended.pdf Statutory Instrument 2000 No. 2334 (2000), Retrieved April, 9, 2009 from http://www.opsi.gov.uk/si/si2000/20002334.htm SALE OF GOODS ACT 1979 (2003), Retrieved

ACKNOWLEDGEMENT I express my gratitude and deep regards to my teacher for the subject Mr. Manwendra Kumar Tiwari for giving me such a challenging topic and also for his exemplary guidance, monitoring and constant encouragement throughout the course of this thesis. I also take this opportunity to express a deep sense of gratitude to my seniors in the college for their cordial support, valuable information and guidance, which helped me in completing this task through various stages. I am obliged to

Statutory Construction: Case Digests Statutory Construction – it is the various methods and tests used by the courts for determining the meaning of law. I. General Principles in defining Statutory Construction Whether the promotional scheme is a lottery or a gift that violates the provisions of the Postal Law (Caltex v. Palomar) In the case at bar, there is no requirement in the rules that any fee be paid, any merchandise be bought, any service be rendered, or any value whatsoever be given

THE ISSUE The case raised questions regarding proper construction of provisions of the Migration Act 1958 (Cth) and the Migration Regulations 1994 (Cth) relating to a valid visa application. DECISION Judge Tracey held that the Minister is only entailed to consider a visa application if it is valid according to Sections 45-47 of Migration Act 1958. Judge Tracey also found, that the methods of lodgement provided in item 1229(3) in Schedule 1 of the Regulations, should be treated as exhaustive and