PGDL STUDY GUIDE
ENGLISH LEGAL
SYSTEMS
Understand it. Apply it. Ace it.
Clear notes. Key cases. Exam focused.
Everything you need to succeed.
CONTENTS
01 Statutory Interpretation 2
02 The Doctrine of Precedent 3
03 The Constitution, Rule of Law & Separation of Powers 4
04 Parliamentary Sovereignty & The Legislative Process 5
05 Devolution & Parliamentary Privilege 6
06 Retained EU Law 7
★ 30-Second Full Revision 8
You've got this! ♡
, 01 STATUTORY INTERPRETATION
4 non-binding rules of construction help courts discover Parliament's intention when a statute is unclear.
LITERAL RULE
Ordinary/natural meaning of the words, even if absurd (Whiteley v Chappell — can't impersonate a dead person who isn't 'entitled to vote'; LNER v
Berriman).
GOLDEN RULE
Ordinary meaning UNLESS it produces an absurd result — narrow use to resolve ambiguity (Maddox v Storer — 'adapted to' read as 'suitable for'), or
wide use to avoid an outcome offending public policy (Re Sigsworth).
MISCHIEF RULE — HEYDON'S CASE, 4-STAGE TEST
(1) the law before, (2) the mischief not remedied, (3) Parliament's proposed remedy, (4) the true reason for it (Corkery v Carpenter — a bicycle counts as
a 'carriage'; Smith v Hughes — soliciting from a window still caught).
PURPOSIVE APPROACH
Looks FORWARD to the legislation's aims (mischief rule looks back) — even distorting the words' ordinary meaning. Used for interpreting retained EU
law.
RULES OF LANGUAGE
Eiusdem generis ('of the same type') — a general word after a list of specifics is confined to that type (Wood v Commissioner of Police — broken glass
isn't an 'other offensive weapon'). Expressio unius — naming specifics excludes others of that type (R v Inhabitants of Sedgley). Noscitur a sociis — a
word is coloured by its neighbours (Pengelly v Bell Punch).
AIDS & PRESUMPTIONS
Internal: the whole Act, headings, explanatory notes. External: Hansard (only if ambiguous + a clear ministerial statement), dictionaries, Law Commission
reports. Presumptions (rebuttable): no change to common law, no retrospective effect, ambiguity in criminal statutes favours the citizen.
ENGLISH LEGAL
SYSTEMS
Understand it. Apply it. Ace it.
Clear notes. Key cases. Exam focused.
Everything you need to succeed.
CONTENTS
01 Statutory Interpretation 2
02 The Doctrine of Precedent 3
03 The Constitution, Rule of Law & Separation of Powers 4
04 Parliamentary Sovereignty & The Legislative Process 5
05 Devolution & Parliamentary Privilege 6
06 Retained EU Law 7
★ 30-Second Full Revision 8
You've got this! ♡
, 01 STATUTORY INTERPRETATION
4 non-binding rules of construction help courts discover Parliament's intention when a statute is unclear.
LITERAL RULE
Ordinary/natural meaning of the words, even if absurd (Whiteley v Chappell — can't impersonate a dead person who isn't 'entitled to vote'; LNER v
Berriman).
GOLDEN RULE
Ordinary meaning UNLESS it produces an absurd result — narrow use to resolve ambiguity (Maddox v Storer — 'adapted to' read as 'suitable for'), or
wide use to avoid an outcome offending public policy (Re Sigsworth).
MISCHIEF RULE — HEYDON'S CASE, 4-STAGE TEST
(1) the law before, (2) the mischief not remedied, (3) Parliament's proposed remedy, (4) the true reason for it (Corkery v Carpenter — a bicycle counts as
a 'carriage'; Smith v Hughes — soliciting from a window still caught).
PURPOSIVE APPROACH
Looks FORWARD to the legislation's aims (mischief rule looks back) — even distorting the words' ordinary meaning. Used for interpreting retained EU
law.
RULES OF LANGUAGE
Eiusdem generis ('of the same type') — a general word after a list of specifics is confined to that type (Wood v Commissioner of Police — broken glass
isn't an 'other offensive weapon'). Expressio unius — naming specifics excludes others of that type (R v Inhabitants of Sedgley). Noscitur a sociis — a
word is coloured by its neighbours (Pengelly v Bell Punch).
AIDS & PRESUMPTIONS
Internal: the whole Act, headings, explanatory notes. External: Hansard (only if ambiguous + a clear ministerial statement), dictionaries, Law Commission
reports. Presumptions (rebuttable): no change to common law, no retrospective effect, ambiguity in criminal statutes favours the citizen.
