Today:

Subordinate legislation

and Legislative interpretation

Court structure next time…

Subordinate Legislation

• Enabling legislation (statutes)

• Delegation of authority

• Limits on delegation

• Limits on who can be a delegate

• Limits on the delegate

Regulations

• One type of subordinate legislation

• Published in the Gazette

• Don’ t forget about other types of subordinate legislation!

Examples ofsubordinate legislation

Legislative Interpretation

Rules of legislative interpretation

• Read this chapter!

• Rules are really a set of tools, not strict rules

• 3 classic approaches to interpretation

• Modern approach(es)

• Interpretation Acts

Tools for legislative interpretation

• Definitions sections

• Interpretation Acts

• Dictionaries, legislative history

• General presumptions

• Presumptions for interpreting ambiguities

• Textual analysis

Example of textual analysis problem:

Every one commits an offence who

…

(b) imports, makes, buys, sells, rents, leases, hires or keeps, exhibits, employs or knowingly allows to be kept, exhibited or employed in any place under his control any device or apparatus for the purpose of recording or registering bets or selling a pool, or any machine or device for gambling or betting.

Example of textual analysis problem:

• imports, makes, buys, sells, rents, leases, hires or

• keeps, exhibits, employs or

• knowingly allows to be

• kept, exhibited or employed

• in any place under his control

• any device or apparatus for the purpose of recording or registering bets or selling a pool, or

• any machine or device for gambling or betting.

For next class…

Court systems continued: Judges, Juries and

Lawyers

• Pages 275−307