How Acts of Parliament are Created and Applied to Cases

Understanding How Acts of Parliament are Created

Definition - An Act of Parliament is a type of legislation that is passed by the UK Parliament. It is the highest form of law in the land and serves to regulate various aspects of the society. An Act starts its life as a draft, known as a bill.
Types of Bills - There are several types of bills through which an Act can be introduced:
- Public Bills - Most common type, introduced by a government minister and affects the whole country.
- Private Bills - Specific to a person or locality.
- Hybrid Bills - Combination of public and private, affecting general population but also particular groups.
Legislative Process - The bill must pass through several stages in both Houses of Parliament before receiving Royal Assent and becoming an Act:
- First and Second Reading - Introduction and general discussion of the bill.
- Committee Stage - Detailed examination, debate, and amendment of the bill’s content.
- Report Stage - Further opportunity to amend the bill, usually of a more technical nature.
- Third Reading - Final vote on the bill.
- Other House - Bill repeats stages in the other House.
- Consideration of Amendments - Any changes the other House made to the bill are considered.
- Royal Assent - Granted by the monarch, bill becomes Act of Parliament.

Application of Acts to Cases

Interpretation - How judges interpret an Act of Parliament can significantly influence its application. In the UK, several rules guide these interpretations:
- Literal Rule - Words are given their plain, ordinary meaning.
- Golden Rule - Literal rule is applied except when it would lead to an absurd result.
- Mischief Rule - Considers what issue the Act was designed to tackle (the “mischief”) and interprets accordingly.
- Purposive Approach - Interprets in line with the purpose of the legislation, as understood from its context.
Precedent and Statute - Courts are generally bound to apply an Act of Parliament as it has been interpreted in previous decisions. However, the highest court, the Supreme Court, may overrule previous interpretations.
Influences on Judicial Interpretation - Judges not only look at the language of the Act but also consider factors such as legal principles, rules of interpretation, previous court decisions, and societal norms. They try to achieve fair outcomes within the boundaries of the Act.
Challenging Acts of Parliament - Acts can be challenged on several grounds including alleged incompatibility with the Human Rights Act or contradictions with European Union law (prior to Brexit). These situations can lead to reinterpretation or amendment of the Act.

Impact on the Legal System

Primary Legislation - Acts of Parliament form the bedrock of UK law, providing a solid and democratic base for principles and regulations.
Legal Precedence - Interpretations of Acts set important precedents for future similar cases, helping to shape the law.
Legal Evolution - New Acts can be passed and old ones can be revised to reflect ever-changing societal norms and values thus ensuring that laws evolve over time.