1 Rule making in England and Wales

One of the most important functions of any legal system is to state the legal rules by which the society in question is to operate. Legal rules are not necessarily the only codes which prescribe social behaviour (morals and etiquette are others), but legal rules are distinct in that they constitute an official code which has the backing of state powers of enforcement and sanctions. This unit explores the major sources of legal rule making in England and Wales – the Westminster Parliament. M
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6.6 Stages of an Executive Bill

To provide a flavour of the consideration of Bills, we will now look at the stages of an Executive Bill.

One of the unique features of the Scottish Parliament is its openness. There are processes for wide consultation, an open evidence process at committees, the ability of the public and interested parties to liaise directly with MSPs, and the ability to lobby for amendments to a Bill. For all these things the Scottish Parliament has received international recognition.

An Executiv
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6.1 Introduction

We have now looked at how formal rules are formulated, and at some of the strategies that may be deployed when interpreting them. In this part we will take this one step further and explore in more detail something that we have already touched on and thought about – the application of rules. This is a really important thing to understand, since rules are designed to regulate conduct, and have to be applied to instances of the conduct with which they are concerned.

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5.2.3 Looking at the intention of the rule-maker

To resolve these problems, a rule-applier may adopt a yet broader interpretive strategy. This involves attempting to work out what the intention of the rule-maker was when the rule was formulated. In other words, it means going beyond or outside the language of the rule itself. In the context of a statute (i.e. an Act of Parliament), this may involve the rule-applier (the judge) looking at the law that existed before the statute was enacted and working out what the problem with that la
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5.2.1 A literal approach

One way in which we can interpret a rule is by treating it literally. Very simply this means looking at the words which comprise the rule, and at the way in which they are put together, and applying the rule ‘as is’ to a factual situation to which it applies. An example would be: ‘Dog owners are not permitted to let their dogs off the lead in the park’. If this is applied literally, it would mean that a person who did not own a dog, but who took a friend's dog to the park, w
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