Outline

1. Foreword
2. Part One: Learning Objectives
3. Part Two: Learning Directions
4. Part Three: Supporting Notes
   1. The Common Law
   2. Equity
   3. Primary Legislation
   4. Delegated Legislation
   5. Statutory Interpretation
   6. Judicial Precedent
   7. Legislation of the European Union
5. Part four: Assessment
   1. Identify and discuss legislation
   2. Practice legal interpretation
   3. Examine legal reasoning

Legislation of the European Union

Within the communities of the European Union, law affecting member states is to be found in the regulations, directives and decisions of the various bodies that exist to serve the European Union. Regulations have general application and are directed to member states who are obliged to implement them. Directives and decisions are transposed into English law under powers provided by the European Communities Act 1972. So, for example Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts became the Public Contracts Regulations 2006.

The European Convention on Human Rights and the Human Rights Act 1998

The European Convention on Human Rights and the Human Rights Act 1998 have great influence over the interpretation and development of the English law.

The Act gives effect to Convention Rights in two ways:

1. It makes it clear that as far as possible the courts in this country should interpret the law in a way that is compatible with Convention rights.
2. It places an obligation on public authorities to act compatibly with Convention rights.

The Act also gives people the right to take court proceedings if they think that their Convention rights have been breached or are going to be.

The Act makes it clear that when they are interpreting legislation the courts must do so in a way which does not lead to people's Convention rights being breached. Moreover, the courts are under a duty to develop the common law in a way that is compatible with Convention rights.

If the law is an Act of Parliament, the courts have no choice but to apply the law as it is, even though it breaches Convention rights. However, the superior courts have the power to make a 'declaration of incompatibility'. This is a statement that the courts consider that a particular law breaches Convention rights. It is meant to encourage Parliament to amend the law, but the courts cannot force it to do so if it does not want to.

Where the courts find that an item of secondary legislation is incompatible with Convention rights, they have the power to strike the law down or not to apply it. This applies to all courts, not just the higher ones. The only circumstance where this is not possible is where the secondary legislation merely repeats a requirement of an Act of Parliament.