Appendix 1: Law Reports and Journals (Some U seful References)

339

(A comprehensive listing of current references is included in each monthly part of Current Law.)

AC (formerly App Cas) = Appeal Cases (Law Reports) Admin LR = Administrative Law Reports All ER = All England Law Reports All ER (EC) = All England Law Reports (European Cases) All ER Rep = All England Law Reports Reprint (containing a selection of

cases which predate the All England Law Reports themselves). Anglo-Am = Anglo-American Law Review

BLR = Building Law Reports

CJQ = Civil Justice Quarterly CL Y = Current Law Yearbook CMLR = Common Market Law Reports CML Rev = Common Market Law Review COD = Crown Office Digest Ch (formerly ChD) = Chancery (Law Reports) Co Law = Company Lawyer Con LR = Construction Law Reports Conv(ns) (or Conv or Conveyancer) = Conveyancer and Property Lawyer

(New Series) Cox CC = Cox's Criminal Cases Cr App R (or CAR) = Criminal Appeal Reports Cr App R (S) (or CAR(S)) = Criminal Appeal Reports (Sentencing) Crim LR = Criminal Law Review DLR = Dominion Law Reports (a Canadian series)

EBLRev = European Business Law Review ECR = European Court Reports EG =Estates Gazette EGLR = Estates Gazette Law Reports EHRR = European Human Rights Reports

340 Appendix 1

ELRev = European Law Review ER = English Reports

FCR = Family Court Reporter FLR = Family Law Reports FSR = Fleet Street Reports FTLR = Financial Times Law Reports Fam = Family Division (Law Reports) Fam Law = Family Law

Harv LR = Harvard Law Review HLR = Housing Law Reports

ICLQ = International and Comparative Law Quarterly ICR = Industrial Cases Reports ILl = Industrial Law Journal Imm AR = Immigration Appeals Reports IRLR = Industrial Relations Law Reports ITR = Industrial Tribunal Reports

JBL = Journal of Business Law JP = Justice of the Peace Reports JPL = Journal of Planning and Environment Law (formerly Journal of

Planning Law) JPN = Justice of the Peace Journal (Abbreviating 'Journal' to 'N' may

seem rather odd. The explanation is that this periodical was originally known as 'Justice of the Peace Newspaper', and the 'JPN' abbreviation has survived even though it is now commonly referred to as 'Justice of the Peace Journal' by way of contradistinction to 'Justice of the Peace Reports' - see 'JP')

JR = Juridical Review JSPTL = Journal of the Society of Public Teachers of Law JSWL = Journal of Social Welfare Law

KB = King's Bench (Law Reports) KIR = Knight's Industrial Reports

LGR = Local Government Reports LG Rev = Local Government Review (renamed as Local Government

Review Reports in November 1993) Ll = Law Journal Ll Rep (formerly Lloyd's Rep) = Lloyd's List Reports LQR = Law Quarterly Review LS = Legal Studies LS Gaz = Law Society's Gazette LT = Law Times

MLR = Modern Law Review Med LR = Medical Law Reports

Law Reports and Journals 341

NILQ = Northern Ireland Legal Quarterly NZLR = New Zealand Law Reports New LJ (or NLJ)= New Law Journal

OJ = Official Journal of the European Communities OJLS = Oxford Journal of Legal Studies

P (formerly PD) = Probate (Law Reports) P & CR = Property and Compensation Reports (formerly Planning and

Compensation Reports) PL = Public Law

QB (formerly QBD) = Queen's Bench (Law Reports)

RPC = Reports of Patent, Design and Trade Mark Cases RTR = Road Traffic Reports

SJ (sometimes given as Sol Jo) = Solicitors' Journal SLT = Scots Law Times STC = Simon's Tax Cases Stat LR = Statute Law Review

TLR = Times Law Reports

US = United States Reports

WLR = Weekly Law Reports

Yale LJ = Yale Law Journal

342

Appendix 2: Extracts from the Interpretation Act 1978

This material is copyright and is reproduced with the permission of Her Majesty's Stationery Office.

The words appearing in bold type immediately after the section numbers are the marginal notes of the Queen's Printer's text.

EXTRACTS FROM THE INTERPRETATION ACT 1978

General provisions as to enactment and operation

3 Judicial notice Every Act is a public Act to be judicially noticed as such, unless the contrary is expressly provided by the Act. 4 Time of commencement An Act or provision of an Act comes into force­(a) where provision is made for it to come into force on a particular day, at the beginning of that day; (b) where no provision is made for its coming into force, at the beginning of the day on which the Act receives the Royal Assent.

Interpretation and construction

5 Definitions In any Act, unless the contrary intention appears, words and expressions listed in Schedule I to this Act are to be construed according to that Schedule. 6 Gender and number In any Act, unless the contrary intention appears -

(a) words importing the masculine gender include the feminine; (b) words importing the feminine gender include the masculine; (c) words in the singular include the plural and words in the plural include the singular.

7 References to service by post Where an Act authorises or requires any document to be served by post (whether the expression 'serve' or the expression 'give' or 'send' or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and,

Interpretation Act 1978 343

unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post. 8 References to distance In the measurement of any distance for the purposes of an Act, that distance shall, unless the contrary intention appears, be measured in a straight line on a horizontal plane. 9 References to time of day Subject to section 3 of the Summer Time Act 1972 (construction of references to points of time during the period of summer time), whenever an expression of time occurs in an Act, the time referred to shall, unless it is otherwise specifically stated, be held to be Greenwich mean time. II Construction of subordinate legislation Where an Act confers power to make subordinate legislation, expressions used in that legislation have, un­less the contrary intention appears, the meaning which they bear in the Act.

Statutory powers and duties

12 Continuity of powers and duties (1) Where an Act confers a power or imposes a duty it is implied, unless the contrary intention appears, that the power may be exercised, or the duty is to be performed, from time to time as occasion requires. (2) Where an Act confers a power or imposes a duty on the holder of an office as such, it is implied, unless the contrary intention appears, that the power may be exercised, or the duty is to be performed, by the holder for the time being of the office. 13 Anticipatory exercise of powers Where an Act which (or any provision of which) does not come into force immediately on its passing confers powers to make subordinate legislation, or to make appointments, give notices, prescribe forms or do any other thing for the purposes of the Act, then, unless the contrary intention appears, the power may be exercised, and any instrument made thereunder may be made so as to come into force, at any time after the passing of the Act so far as may be necessary or expedient for the purpose-(a) of bringing the Act or any provision of the Act into force; or (b) of giving full effect to the Act or any such provision at or after the time when it comes into force. 14 Implied power to amend Where an Act confers power to make -

(a) rules, regulations or byelaws; or (b) Orders in Council, orders or other subordinate legislation to be made by statutory instrument,

it implies, unless the contrary intention appears, a power, exercisable in the same manner and subject to the same conditions or limitations, to revoke, amend or re-enact any instrument made under the power.

344 Appendix 2

Repealing enactments

15 Repeal of repeal Where an Act repeals a repealing enactment, the repeal does not revive any enactment previously repealed unless words are added reviving it. 16 General savings (I) Without prejudice to section 15, where an Act repeals an enactment, the repeal does not, unless the contrary intention appears -

(a) revive anything not in force or existing at the time at which the repeal takes effect; (b) affect the previous operation of the enactment repealed or anything duly done or suffered under that enactment; (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under that enactment; (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against that enactment; (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punish­ment;

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the repealing Act had not been passed. (2) This section applies to the expiry of a temporary enactment as if it were repealed by an Act. 17 Repeal and re-enactment (1) Where an Act repeals a previous enact­ment and substitutes provisions for the enactment repealed, the repealed enactment remains in force until the substituted provisions come into force. (2) Where an Act repeals and re-enacts, with or without modification, a previous enactment then, unless the contrary intention appears -(a) any reference in any other enactment to the enactment so repealed shall be construed as a reference to the provision re-enacted; (b) in so far as any subordinate legislation made or other thing done under the enactment so repealed, or having effect as if so made or done, could have been made or done under the provision re-enacted, it shall have effect as if made or done under that provision.

Miscellaneous

18 Duplicated offences Where an act or omission constitutes an offence under two or more Acts, or both under an Act and at common law, the offender shall, unless the contrary intention appears, be liable to be

Interpretation Act 1978 345

prosecuted and punished under either or any of those Acts or at common law, but shall not be liable to be punished more than once for the same offence.

Supplementary

21 Interpretation etc (1) In this Act 'Act' includes a local and personal or private Act; and 'subordinate legislation' means Orders in Council, orders, rules, regulations, schemes, warrants, byelaws and other instruments made or to be made under any Act. (2) This Act binds the Crown.

Schedule I (extracts)

'Commencement', in relation to an Act or enactment, means the time when the Act or enactment comes into force.

'The Communities', 'the Treaties' or 'the Community Treaties' and other expressions defined by section 1 of and Schedule I to the European Communities Act 1972 have the meanings prescribed by that Act.

'Month' means calendar month.

'Person' includes a body of persons corporate or unincorporate.

'Secretary of State' means one of Her Majesty's Principal Secretaries of State.

'Writing' includes typing, printing, lithography, photography· and other modes of representing or reproducing words in a visible form, and expressions referring to writing are to be construed accordingly.

346

Appendix 3: Extracts from the European Convention for the Protection of Human Rights and Fundamental Freedoms

Article 1

The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in section 1 of this Conven­tion.

SECTION 1

Article 2

1. Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law. 2. Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary:

(a) in defence of any person from unlawful violence; (b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; (c) in action lawfully taken for the purpose of quelling a riot or insurrection

Article 3

No one shall be subjected to torture or to inhuman or degrading treatment or punishment.

Article 4

1. No one shall be held in slavery or servitude. 2. No one shall be required to perform forced or compulsory labour.

European Convention on Human Rights 347

3. For the purpose of this Article the term 'forced or compulsory labour' shall not include:

(a) any work required to be done in the ordinary course of detention imposed according to the provisions of Article 5 of this Convention or during conditional release from such detention; (b) any service of a military character or, in case of conscientious objectors in countries where they are recognized, service exacted instead of compulsory military service; (c) any service exacted in case of an emergency or calamity threaten­ing the life or well-being of the community; (d) any work or service which forms part of normal civic obligations.

Article 5

I. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:

(a) the lawful detention of a person after conviction by a competent court; (b) the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law; (c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so; (d) the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority; (e) the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts, or vagrants; (1) the lawful arrest or detention of a person to prevent his effecting an unauthorized entry into the country or of a person against whom action is being taken with a view to deportation or extradition.

2. Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him. 3. Everyone arrested or detained in accordance with the provisions of paragraph l(c) of this Article shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.

348 Appendix 3

4. Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful. 5. Everyone who has been the victim of arrest or detention in contra­vention of the provisions of this Article shall have an enforceable right to compensation.

Article 6

I. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgement shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interest of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where pUblicity would prejudice the interests of justice. 2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. 3. Everyone charged with a criminal offence has the following minimum rights:

(a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him; (b) to have adequate time and facilities for the preparation of his defence; (c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require; (d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; (e) to have the free assistance of an interpreter if he cannot under­stand or speak the language used in court.

Article 7

1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed.

European Convention on Human Rights 349

2. This Article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognized by civilized nations.

Article 8

I. Everyone has the right to respect for his private and family life, his home and his correspondence. 2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

Article 9

I. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and obser­vance. 2. Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.

Article 10

I. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

350 Appendix 3

Article 11

1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests. 2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.

Article 12

Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right.

Article 13

Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.

Article 14

The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

Article 15

1. In time of war or other public emergency threatening the life of the nation any High Contracting Party may take measures derogating from its obligations under this Convention to the extent strictly required by the exigencies of the situation, provided that such measures are not incon­sistent with its other obligations under international law. 2. No derogation from Article 2, except in respect of deaths resulting from lawful acts of war, or from Articles 3, 4 (paragraph 1) and 7 shall be made under this provision. 3. Any High Contracting Party availing itself of this right of derogation shall keep the Secretary-General of the Council of Europe fully informed

European Convention on Human Rights 351

of the measures which it has taken and the reasons therefor. It shall also inform the Secretary-General of the Council of Europe when such measures have ceased to operate and the provisions of the Convention are again being fully executed.

Article 16

Nothing in Articles 10, 11, and 14 shall be regarded as preventing the High Contracting Parties from imposing restrictions on the political activity of aliens.

Article 17

Nothing in this Convention may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in the Convention.

Article 18

The restrictions permitted under this Convention to the said rights and freedoms shall not be applied for any purpose other than those for which they have been prescribed.

PROTOCOL 1 - ENFORCEMENT OF CERTAIN RIGHTS AND FREEDOMS NOT INCLUDED IN SECTION 1 OF THE CONVEN­TION

Article I

Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of intemationallaw. The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.

Article 2

No person shall be denied the right to education. In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convic­tions.

352 Appendix 3

Article 3

The High Contracting Parties undertake to hold free elections at reason­able intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature.

PROTOCOL 4 - PROTECTING CERTAIN ADDITIONAL RIGHTS

Article I

No one shall be deprived of his liberty merely on the ground of inability to fulfil a contractual obligation.

Article 2

1. Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence. 2. Everyone shall be free to leave any country, including his own. 3. No restrictions shall be placed on the exercise of these rights other than such as are in accordance with law and are necessary in a democratic society in the interests of national security or public safety, for the maintenance of 'ordre public', for the prevention of crime or for the protection of the rights and freedoms of others. 4. The rights set forth in paragraph 1 may also be subject, in particular areas, to restrictions imposed in accordance with law and justified by the public interest in a democratic society.

Article 3

1. No one shall be expelled, by means either of an individual or of a collective measure, from the territory of the State of which he is a national. 2. No one shall be deprived of the right to enter the territory of the State of which he is a national.

Article 4

Collective expulsion of aliens is prohibited.

353

Selected Further Reading

The task of selecting further reading raises two problems. First, this book covers a very wide range of material, and therefore the range of potential further reading is so vast that it would be both impossible and unhelpful to list it all. Second, much of the material which I have tried to make accessible in this book is sometimes discussed elsewhere in more abstruse and theore­tical terms, which can make it rather intimidating for readers approaching the study of law for the first time. It follows that the suggestions set out below do not claim to be exhaustive.

Furthermore, the selection is even more subjective than selected reading lists usually are, and therefore readers who are pursuing formal courses of study should pay careful attention to the recommendations of their lecturers, since some people may have a high regard for certain books which I have omitted. In all cases I have specified the editions which were current at the time of writing, but it is important that you use any later editions which may have become available subsequently.

Within each category I have tried to list the books in ascending order of difficulty.

Part I: Ideas and Institutions

For a basic book on thinking logically in any context, see:

Thinking About Thinking, by A. Flew, 1989, Fontana.

For a description of the structure of the English Legal Systems, see:

The English Legal Process, by T. Ingman, 6th edn, 1996, Blackstone Press.

For the constitutional background, see:

Constitutional and Administrative Law, by J. Alder, 2nd edn, 1994, Macmillan. Constitutional and Administrative Law, by S. de Smith and R. Brazier, 7th edn, 1994, by R. Brazier, Penguin.

For material specifically on the European Community Dimension, see:

European Community Law, by J. Shaw, 2nd edn, 1996, Macmillan. Textbook on EC Law, by J. Steiner and L. Woods, 5th edn, 1996, Blackstone Press. EC Law: Text, Cases and Materials, by P. Craig and G. du Burca, 1995, Oxford University Press.

354 Selected Further Reading

For material on jurisprudence, legal theory and legal reasoning, see:

The Law Making Process, by M. Zander, 4th edn, 1994, Butterworths. Learning Legal Skills, by S. Lee and M. Fox, 2nd edn, 1994, Blackstone Press. Legal Philosophies, by J. W. Harris, 1980, Butterworths. Jurisprudence, by J. G. Riddall, 1991, Butterworths. How To Do Things With Rules, by W. Twining and D. Miers, 3rd edn, 1991, Butterworths. Jurisprudence: Texts and Commentary, by H. Davies and D. Holdcroft, 1991, Butterworths. Lloyd's Introduction to Jurisprudence, by M. D. A. Freeman, 6th edn, 1994, Sweet & Maxwell.

Part II: Case-Law and Precedent

In addition to the books already cited on jurisprudence, legal theory and legal reasoning, see:

Precedent in English Law, by Sir Rupert Cross, 4th edn, 1991, by J. W. Harris, Oxford University Press. Precedent and Law, by J. Stone, 1985, Butterworths. Precedent in Law, by L. Goldstein, (ed.), 1987, Oxford University Press.

Part III: Statute Law and Statutory Interpretation

In addition to the books already cited on jurisprudence, legal theory and legal reasoning, see:

Cross: Statutory Interpretation, by J. Bell and Sir George Engle, 3rd edn, 1995, Butterworths. Statutory Interpretation, by J. Evans, 1988, Oxford University Press. Statute Law, by F. Bennion, 3rd edn, 1990, Longman. Statutory Interpretation, by F. Bennion, 2nd edn, 1992, with 1995 supple­ment, Butterworths.

For a standard text on legislative drafting, see:

Legislative Drafting, by G. C. Thornton, 3rd edn, 1987, Butterworths.

And for a more radical approach, see:

Legislative Drafting: A New Approach, by Sir William Dale, 1977, Butter­worths.

The Lighter Side

For two books in which a vast amount of learning is not only carried lightly; but also deployed deftly in the simultaneous achievement of entertainment and instruction, see:

Miscellany at Law, by R. E. Megarry, 1955, revised impression 1958, Stevens. A Second Miscellany-at-Law, by R. E. Megarry, 1973, Stevens.

Index

A academic questions, non-justiciability

of 23 Acts of Parliament see statutes adjectival law see procedural law administrative tribunals 59 American Realism 8 analogy, reasoning by 16 appeal

B

distinguished from judicial review 55

leave to 60 rights of 60

Bill of Rights 1689 66 Brandeis briefs 205

C changed circumstances see

precedent civil law, meaning of 33 Common Law

meaning of 26 remedies at 28

computer databases 117 County Courts

judicial personnel of 52 jurisdiction of 51

Court of Appeal

D

judicial personnel of 57 jurisdiction of 56 leapfrog over 58 precedent in 180

damages 28 deduction, reasoning by 16 delegated legislation 69

E equity

origins and nature of 27 remedies in 30

European Communities 75 Commission of 76

Council of the European Union 77

Court of First Instance of: composition of 82; jurisdiction of 83

355

Court of Justice of: article 177 references to 46, 81, 88; composition of 79; jurisdiction of 80; precedent in 211; principles of interpretation in 333

European Union and 75 Parliament of 78

European Community law 86 decisions 94 direct applicability of 87 direct effect of 88 directives 90 indirect effect of 94 national sovereignty and 96 principles of 212 regulations 90

European Convention for the Protection of Human Rights and Fundamental Freedoms 217,313,346

European Court of Justice see European Communities

European Union see European Communities

F fact

distinguished from law 37 meaning of ordinary word as a

question of 37 proof of 42

fundamental rights see European Convention for the Protection of Human Rights and Fundamental Freedoms

H High Court

judicial personnel of 55 jurisdiction of 52

356 Index

High Court (cont.) precedent in 191

House of Lords

I

appellate committee of 58 judicial personnel of 58 jurisdiction of 58 precedentin 160

induction, reasoning by 15 injunctions 31

J journals

citation of 339 status of 107

judges, whether politically neutral 4 judicial notice 42 judicial review

challenging delegated legislation by 69

distinguished from appeal 55 justice

generally 21 relationship with law 21

L law, distinguished from

fact 37 other rules 3 reform of through precedent 196 perceived strengths of 196 perceived weaknesses of 198

law reports citation of 112, 339 delay in publication of 116 editorial discretion in compilation

of 116 legal practice and legal

scholarship 18 locus standi 36, 88

M magistrates' courts

N

judicial personnel of 49 jurisdiction of 47

natural law 6 compared with positivism 11

o obiter dictum, distinguished from

ratio decidendi 149

p Parliament, intention of 267

direct and indirect 268 particular and general 269 legislative supremacy of 63, 258

Parliamentary Counsel 231 per incuriam see precedent political integrity 272 positivism 6

compared with natural law II precedent, doctrine of 125

cessante ratione cessat ipsa lex see changed circumstances below

changed circumstances 148 horizontal dimension of 158 immediate bindingness of 129 per incuriam 147 res judicata, distinguished

from 127 vertical dimension of 153 whether law or evidence of

law 132 see also County Courts; Court of

Appeal; European Court of Justice; High Court; House of Lords; obiter dictum; Privy Council; ratio decidendi

private law 35 Privy Council, judicial committee

of 59 composition of 59 judicial personnel of 59 jurisdiction of 59 precedentin 158

procedural law 36, 215 processes, validity of 14 proof, varying standards of 43 propositions, truth of 14 public law 35

R ratio decidendi 137

descriptive and prescriptive ratios 139

identification of 138

techniques used in handling: applying 145; approving 145; disapproving 145; distinguishing 146; doubting 145; following 145; not following 145; overruling 145

royal prerogative 64 rule of law 62, 253

S separation of powers 71,253 specific performance 30 statutes

citation of 1I8 codifying 311 commencement of 289, 342 consolidating 245, 311 drafting of 237; Dale's New

Approach to 329; Hansard Society's Report on 331; Renton Report on 327; Tilling's Rules for 247

interpretation of: contextualism 277; definition sections 288; dictionaries 279; ejusdem generis principle 280; expressio unius exclusio alterius 282; extrinsic materials, reference to 290;

Index 357

parliamentary materials 293; post­parliamentary materials 299; pre­parliamentary materials 290; Hansard, use of see parliamentary materials above; Interpretation Act 1978 329, 342; linguistic register, importance of 257; Law Commissions'Report on 326; mischief rule of 256; noscitur a sociis 279; plain meanings and 250; presumptions of 300; purposive approach to 258; rank principle 283; simple literalism 25;1 social change, problem of 319; statutory nonsense 264; technological change, problem of 319; public and private statutes 225; schedules, status of 287

statutory inquiries 59 substantive law 36 syllogistic reasoning 13

T textbooks, status of 107 treaties, status of 86