This research task covers all the topics covered in the Legal Skills module as it relates to the English Legal System.
Question 1:
(a) Which institutions are involved in the law making process?
(b) Describe the different approaches taken by Parliament and the Judiciary when creating law? Discuss whether you consider one to be important than the other?
(c) What do you consider to be the advantages and disadvantages of the following in a modern society;
(i) Law created by Parliament; and,
(ii) Law created by the Judiciary
As a guide use approximately five hundred (500) words for this question
Question 2:
Describe the procedure of how a Parliamentary Bill becomes an Act of Parliament?
Use at least two English Legal System text books for the information for this question, and use your own words to express the writers’ work. Do not copy any words/phrases word for word.
As a guide use approximately five hundred (500) words for this question.
Question 3:
Use the Europa website for this part of the question.
Find the piece of primary legislation from 1957 which founded the European Economic Community.
(a) What is the name given to this legislation?
(b) The aims of this piece of legislation are set out in the Preamble. In your own words, summarise these aims.
(c) Use either the paper Law Reports in the University Law library or search electronically for the case:
Costa v Ente Nazionale per l’Energia Elettrica (ENEL) (6/64) [1964] C.M.L.R. 425
Turn to the decision at the end of this case, at page 460. In your own words, describe what this case said at point 1 of the decision with regard to the supremacy of European law?
(d) Using a textbook on European Law in the Swansea University Law Library, list the features of Treaties, Regulations and Directives?
Give the name of the library locator reference of the book used?
As a guide use approximately five hundred (500) words for this question.
Question 4:
Provide a definition of the term ‘Statutory Interpretation’, and discuss the benefits of the different approaches taken by judges to statutory interpretation?
Use at least two textbooks to answer this question.
As a guide use approximately five hundred (500) words for this question.
Question 5:
Work in groups of two (2) or three (3) people for the following question. At the beginning of the question give the name(s) of the other students in your group. You are able to discuss and research the work with the other students in the group, but the final piece of work produced must be your own and produced without the help of anyone.
Read the case summary of R v Chief Constable of Kent Ex p. Kent Police Federation Joint Branch Board [2000] 2 Cr. App. R. 196.
Case Summary:
R v Chief Constable of Kent Ex p. Kent Police Federation Joint Branch
This case was interpreting section 40(1) (b) of the statute called the Police and Criminal Evidence Act (1984).
It is concerned with the detention of a person who had been arrested by the police but not charged with an offence. The section provides that a review of whether a person could be detained by the police when they have not been charged with an offence should take place “in the presence” of the person detained. The police were asking if this meant that the person must be present in the room with the police or whether it could take place by video link.
The court decided that it was concerned only with the interpretation of the statute. It said that it should interpret the language so as to give effect to the intention as much as possible, but that the word “presence” in its ordinary use meant physical presence, and the word could not be interpreted to include communication through video link.
Use at least two textbooks to assist with your answers. Include at least two direct quotations and use your own words to explain the writers’ opinions and the opinions arrived at in your group.
(a) Which approach to statutory interpretation do you believe was taken by the judge in the case?
(b) Which approach do you think would be appropriate in this case for a modern society?
Make reference to the statute being interpreted in this case both in the text of your answer and in the footnote. Refer to the case both in the text and the footnote.
As a guide use approximately five hundred (500) words for this question.
Suggested Reading:
Elliot, C. and Quinn, F., English Legal System (7th edition, Longman, 2008)
Slapper, G. and Kelly, D., The English Legal System (13th Edition, Routledge, 2012)
Martin, J., The English Legal System
Rivlin, G., Understanding the Law
Wheeler, J., The English Legal System