Judicial precedent refers to the process by which legal decisions made by higher courts are used as a basis for decisions made by lower courts. The operation of judicial precedent involves three key concepts: following, overruling, and distinguishing...
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Law reporting is the process of recording and publishing judicial decisions made by courts, tribunals, and other legal bodies. Law reports provide a record of these decisions, along with a summary of the relevant facts and legal principles that were ...
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Stare decisis, ratio decidendi, and obiter dicta are all important legal concepts that are used in common law jurisdictions such as England and Wales. They are related to the way that legal precedents are created and applied by courts.Stare decisis i...
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The court system of England and Wales is a complex hierarchy of courts that deal with a wide range of legal issues. From minor criminal offences to major civil disputes, the courts of England and Wales provide a vital service for resolving disputes a...
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The doctrine of judicial precedent, also known as stare decisis, is a fundamental principle in the common law legal system, which is used in many countries, including the United States, the United Kingdom, Australia, and Canada. It is a principle tha...
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The Purposive Approach is a principle of statutory interpretation that requires judges to interpret a statute in a way that gives effect to the legislature's intended purpose or objective. While the Purposive Approach can be helpful in achieving a ju...
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The Literal Rule is a principle of statutory interpretation that requires judges to interpret a statute's words according to their plain and ordinary meaning, without consideration of the statute's purpose or the consequences of the interpretation. W...
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The Mischief Rule is a principle of statutory interpretation that requires judges to interpret a statute in a way that is consistent with the legislature's intent, as determined by identifying the "mischief" or problem that the statute was designed t...
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The Golden Rule is a principle of statutory interpretation that requires judges to interpret a statute's words according to their ordinary and natural meaning, except where doing so would lead to an absurdity or an inconsistency with the statute's pu...
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The Human Rights Act 1998 (HRA) incorporated the European Convention on Human Rights (ECHR) into UK law and established a mechanism for individuals to enforce their human rights in UK courts. The HRA has had a significant impact on statutory interpre...
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Before Brexit, European Union (EU) law had a significant impact on statutory interpretation in the UK. The UK was a member of the EU, and as such, EU law had direct effect in the UK and took precedence over conflicting UK law. Here are some ways in w...
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When interpreting a statute, judges may use both intrinsic (internal) and extrinsic (external) aids to help them understand the meaning and purpose of the law.Intrinsic AidsIntrinsic aids to interpretation are the tools or materials found within the ...
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Statutory interpretation refers to the process of interpreting and understanding the meaning of laws passed by parliament. Here are some of the most commonly used rules of statutory interpretation:Literal rule: The literal rule involves interpreting ...
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Delegated legislation, also known as secondary legislation or subordinate legislation, refers to laws or regulations that are made by executive bodies or agencies instead of the primary lawmaking body. Here are some reasons for the use of delegated l...
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Delegated legislation is a process where the legislative power is transferred by the UK Parliament or the Scottish Parliament to other authorities, such as the government or local authorities, to make laws in specific areas. While there are advantage...
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