Appendix 1: Law Reports and Journals (Some Useful References)

333

(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) Anglo-Am = Anglo-American Law Review

BLR = Building Law Reports

CJQ = Civil Justice Quarterly CL Y = Current Law Yearbook CMLR = Common Market Law Reports CMLRev. =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 ELRev = European Law Review

334 Appendix 1

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 ILJ = 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, and absorbed into the Justice of the Peace in 1996)

LJ =Law Journal L1 Rep (formerly Lloyd's Rep)= Lloyd's List Reports LQR = Law Quarterly Review LS = Legal Studies LS Gaz =Law Society's Gazette L T = Law Times

MLR =Modem Law Review Med LR = Medical Law Reports

NILQ =Northern Ireland Legal Quarterly NZLR =New Zealand Law Reports New LJ =New Law Journal

Law Reports and Journals 335

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 SL T = 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

336

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.

Intetpretation 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

Interpretation Act 1978 337

addressing, pre-paying and posting a letter containing the document and, 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.

11 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,

338 Appendix 2

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.

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 (1) 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

Interpretation Act 1978 339

offender shall, unless the contrary intention appears, be liable to be 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.

340

Appendix 3: Articles 2-12 and 14 of, and Articles 1-3 of the First Protocol and Articles 1 & 2 of the Sixth Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950

Note: This Appendix covers the 'Convention Rights' referred to in the Human Rights Act 1998.

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 oflife 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.

European Convention on Human Rights 341

2. No one shall be required to perform forced or compulsory labour. 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 ofbringing 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; (f) 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 I (c) of this Article shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be

342 Appendix 3

entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial. 4. Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness ofhis 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

1. In the determination ofhis 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. Judgment 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 343

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

1. 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 ofhealth or morals, or for the protection of the rights and freedoms of others.

Article 9

l. 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

1. 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 ofhealth 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.

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.

344 Appendix 3

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 oflawful 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 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.

ARTICLES 1-3 OF PROTOCOL 1- ENFORCEMENT OF CERTAIN RIGHTS AND FREEDOMS NOT INCLUDED IN SECTION 1 OF THE

CONVENTION

Article 1

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 international law. 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.

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.

European Convention on Human Rights 345

ARTICLES 1 & 2 OF PROTOCOL 6- CONCERNING THE ABOLITION OF THE DEATH PENALTY

Article 1

The death penalty shall be abolished. No one shall be condemned to such penalty or executed.

Article 2

A state may make provision in its law for the death penalty in respect of acts committed in time of war or of imminent threat of war; such penalty shall be

applied only in the instance laid down in the law and in accordance with its provisions. The State shall communicate to the Secretary General of the Council of Europe the relevant provisions of that law.

Note: The Human Rights Act 1998 does not confer the status of Convention rights on the rights covered by arts 16, 1 7 and 18. These articles provide, respectively, that arts 10, 11 and 14 do not prohibit restrictions on the polit­ical activities of aliens; that nothing in the Convention gives any right to do

anything which would harm the rights which it protects; and that the restric­tions contained in the Convention may be applied only for the purposes for which they are prescribed.

346

Selected Further Reading

The field of potential further reading is so vast that this selection can be no more than indicative. It follows that readers who are pursuing formal courses of study should pay careful attention to the recommendations of their lecturers, which may vary from my suggestions. I have generally specified the editions which were current at the time of writing, although in some cases I have been able to cite those scheduled for publication during 1999. However, it is worth remembering that writers' schedules are notoriously unreliable, and the essential point is that you should always use the latest available edition.

Where there is more than one title within a category, I have tried to list them in ascending order of difficulty.

General Reading

For Legal Method generally, see:

The Law Making Process, by M. Zander, 5th edn, 1999, Butterworths. Learning Legal Skills, by S. Lee and M. Fox, 3rd edn, 1999, Blackstone

Press. How To Do Things With Rules, by W. Twining and D. Miers, 4th edn, 1999,

Butterworths.

For a more theoretical approach to the nature of Law, see:

Legal Theory, by I. Mcleod, 1999, Macmillan. Textbook on Jurisprudence, by H. McCoubrey and N. D. White, 3rd edn,

1999, Blackstone Press. Legal Philosophies, by J. W. Harris, 2nd edn, 1997, Butterworths. Lloyd's Introduction to Jurisprudence, by M. D. A. Freeman, 6th edn, 1994,

Sweet & Maxwell.

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 System, see:

The English Legal Process, by T. Ingman, 7th edn, 1998, Blackstone Press.

For the constitutional background, see:

347 Selected Further Reading

Constitutional and Administrative Law, by J. Alder, 3rd edn, 1999, Macmillan.

Constitutional and Administrative Law, by S. de Smith and R. Brazier, 8th edn, 1998, by R. Brazier, Penguin.

For the European Community dimension, see:

Textbook on EC Law, by J. Steiner and L. Woods, 6th edn, 1998, Blackstone Press.

EU Law: Text, Cases and Materials, by P. Craig and G. de Burca, 2nd edn, 1998, Oxford University Press.

For the Human Rights Act 1998, see:

Blackstone's Guide to the Human Rights Act 1998, by John Wadham and Helen Mountfield, 1999, Blackstone Press.

Part II: Case-Law and Precedent

In addition to the books cited on Legal Method generally, 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 cited on Legal Method generally, see:

Cross: Statutory Interpretation, by J. Bell and Sir George Engle, 3rd edn, 1995, Butterworths.

Statutory Interpretation, by J. Evans, 1988, Oxford University Press. Statutory Interpretation, by F. Bennion, 3rd edn, 1997, Butterworths.

For a standard text on legislative drafting, see:

Legislative Drafting, by G. C. Thornton, 4th edn, 1996, 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 18 Acts of Parliament see statutes adjectival law see procedural law administrative tribunals 54 American Realism 4 analogy, reasoning by 11 appeal

B

distinguished from judicial review 48 permission to 54 rights of 54

Bill of Rights 1689 61 Brandeis briefs 209

c changed circumstances see precedent civil law

distinguished from criminal law 29 meanings of 29

civil procedure, Woolf reforms of xiii, 13, 30,45

common law meanings of 22 remedies at 24

computer databases 123 Convention rights

declaration of incompatibility with 109

meaning of 104 statement of compatibility with 109

County Courts judicial personnel of 46 jurisdiction of 45

Court of Appeal judicial personnel of 51 jurisdiction of 50 leapfrog over 52

349

precedent in 185 criminal law, distinguished from civil

law 29

D damages 24 deduction, reasoning by 11 delegated legislation, constitutional

status of 63

E equity

origins and nature of 23 remedies in 24

European Communities 67 Commission of 69 Council of 70 Court of First Instance of

composition of 74 jurisdiction of 74

Court of Justice of composition of 72 jurisdiction of 73 precedent in 215 preliminary references to 73 principles of law in 218 teleological interpretation in 327

European Union and 68 Parliament of 71

European Community law decisions 85 direct applicability of 78 direct effect of 78 directives 81 national sovereignty and 87 principles of 218 regulations 81

European Convention for the Protection of Human Rights and Fundamental Freedoms 97,100,314

350 Index

European Court of Human Rights composition of 100 precedent in 101 procedure before 10 1

European Court of Justice see European Communities

European Union see European Communities

F fact

distinguished from law 32 meaning of ordinary word as a

question of 33 proofof 37

fundamental rights 97

H High Court

judicial personnel of 49 jurisdiction of 46 precedent in 196

House of Lords, appellate committee of 52

judicial personnel of 53 jurisdiction of 52 precedent in 165

human rights 97

I induction, reasoning by I 0 injunctions 27

J judges, whether politically neutral 19 judicial notice 3 7 judicial review, distinguished from

appeal 48 justice

generally 15 relationship with law 15

L law

distinguished from fact 32 reform of through precedent

perceived strengths of 200 perceived weaknesses of 202

law reports citation of 119, 333 delay in publication of 122

editorial discretion in compilation of 121

status of ll8 legal practice and legal scholarship 13 linguistic register 260, 282

M magistrates' courts

judicial personnel of 43 jurisdiction of 42

major premise generally 8 inarticulate 9

mens rea, statutory offences in 306

0 obiter dictum, distinguished from ratio

decidendi 143

p Parliament

Acts of see statutes intention of

direct and indirect 270 particular and general 271

legislative supremacy of 58 Parliamentary Counsel 234 per incuriam see precedent periodicals

citation of 113, 333 status of ll3

political integrity 274 precedent, doctrine of 131

cessante ratione cessat ipsa lex see changed circumstances

changed circumstances 153 horizontal dimension of 163 per incuriam 152 res judicata, distinguished from 133 retrospective effect of 135 vertical dimension of 158 whether law or evidence of law 139 see also County Courts; Court of

Appeal; Crown Court; European Court of Human Rights, European Court of Justice; High Court; House of Lords; obiter dictum; Privy Council; ratio decidendi

private law 30 Privy Council, judicial committee of

composition of 53

judicial personnel 53 jurisdiction of 53 precedent in 163

procedural law 31, 219 processes, validity of 9 proof, varying standards of 38 propositions, truth of 9 public law 30

R ratio decidendi 143

descriptive and prescriptive ratios 145

identification of 144 techniques used in handling 151

res judicata, distinguished from precedent 133

royal prerogative 59 rule of law 57

s separation of powers 64 specific performance 26 standing 31, 79 statutes

citation of 124 classification of 228 codifying 312 commencement of 290, 336 consolidating 248, 312 contextual interpretation of 281 drafting of

generally 240 Renton Report on 234, 244, 249,

265 Tilling's Rules for 249

interpretation of definition sections 290

Index 351

dictionaries 283 ejusdem generis principle 284 enlightened literalism see

contextual interpretation of extrinsic materials

Parliamentary materials 91, 204,209,257,262,294

post-Parliamentary materials 301

pre-Parliamentary materials 291

Interpretation Act 1978 336 Law Commissions' Report on 271 literal approach to 254 mischief rule of 259 plain meaning approach to see

literal approach to presumptions of 301 purposive approach to 261 rank principle 285 simple literalism, inadequacy

of 202 social change, problem of 318 statutory nonsense, interpretation

of 266 technological change, problem

of 319 statutory inquiries 54 substantive law 31 syllogistic reasoning 8

T textbooks, status of 113 treaties, status of 77

w Web sites 118, 123, 125, 126, 127