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ISBN-10: 0751763659

ISBN-13: 9780751763652

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Extra info for ACCA - F4 Corporate and Business Law (ENG): Study Text

Sample text

This is known as Purposive interpretation. 3 The purposive approach Key term Under the purposive approach to statutory interpretation, the words of a statute are interpreted not only in their ordinary, literal and grammatical sense, but also with reference to the context and purpose of the legislation, ie what is the legislation trying to achieve? This case shows how the court took account of the mischief or weakness which the statute was explicitly intended to remedy. Gardiner v Sevenoaks RDC 1950 The facts: The purpose of an Act was to provide for the safe storage of film wherever it might be stored on 'premises'.

Court Bound by Magistrates' Court x x x x High Court The Court of Appeal House of Lords European Court of Justice x No one x Not even itself County Court x x x x High Court The Court of Appeal House of Lords European Court of Justice x No one x Not even itself Crown Court x x x x High Court (QBD) The Court of Appeal House of Lords European Court of Justice x No one The High Court consists of divisions: x Queen's bench x Chancery x Family Decisions binding x Judge sitting alone – – – – The Divisional Court The Court of Appeal House of Lords European Court of Justice x Judges sitting together – – – – The Court of Appeal Any Divisional Court The Court of Appeal House of Lords European Court of Justice x Own decisions x House of Lords (subject to an exception below) x However, its decisions are reported more widely and are more authoritative x Judge sitting alone – Magistrates' court – County Court – Crown Court x Judges sitting together – – – – Magistrates' Court County Court Crown Court Divisional Courts x All inferior English courts x Itself (subject to the exception) x European Court of Justice The House of Lords (Supreme Court for the United Kingdom) x Itself (except in exceptional cases) x European Court of Justice x All English Courts x Itself (except in exceptional cases) The European Court of Justice x No one x Not even itself x All English Courts Note: Where it is stated that a Court is bound by the House of Lords, it will also be bound by the Supreme Court for the United Kingdom when it opens.

X Much of the content of delegated legislation is technical and is better worked out in consultation with professional, commercial or industrial groups outside Parliament. If new or altered regulations are required later, they can be issued without referring back to Parliament. The system allows the law to be enacted quickly. x x 28 2: Sources of English law ~ Part A Essential elements of the legal system The disadvantages of the system are as follows. x x x x Exam focus point There are concerns over the accountability of Parliament.

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