Learning Outcomes
After reading this article, you will be able to explain the relationship between statute law and case law in the English legal system. You will understand the doctrine of parliamentary sovereignty, the doctrine of precedent, and how courts interpret and apply statutes. You will also be able to identify how statute law and case law interact, and how each can influence the development of the other.
SQE1 Syllabus
For SQE1, you are required to understand the sources of law and their interaction. In your revision, focus on:
- the doctrine of parliamentary sovereignty and its effect on the authority of statute law
- the doctrine of precedent and the operation of case law
- the hierarchy of courts and binding/persuasive precedent
- the process and rules of statutory interpretation
- how courts apply and interpret statutes in practice
- the ways in which statute law and case law interact and influence each other
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- What is meant by parliamentary sovereignty, and how does it affect the authority of statute law?
- What is the doctrine of precedent, and how does it ensure consistency in the law?
- How do courts interpret ambiguous statutory provisions?
- Can a court refuse to apply an Act of Parliament if it disagrees with its policy?
- In what ways can judicial decisions influence the development or amendment of statute law?
Introduction
The English legal system is built on two primary sources of law: statute law and case law. Statute law consists of Acts of Parliament and delegated legislation. Case law is made up of judicial decisions, which interpret and apply statutes and develop legal principles through precedent. Understanding how these sources interact is essential for SQE1.
Statute Law: Parliamentary Sovereignty
Statute law refers to laws enacted by Parliament. The doctrine of parliamentary sovereignty means that Parliament is the supreme law-making body in England and Wales. No other body can override or set aside an Act of Parliament.
Key Term: parliamentary sovereignty Parliamentary sovereignty is the principle that Parliament can make or repeal any law, and no court or other body can question the validity of its legislation.
Parliament can legislate on any subject, and no Parliament can bind a future Parliament. This means that Parliament can always amend or repeal previous statutes, even those of constitutional importance.
Case Law: The Doctrine of Precedent
Case law is developed by judges through decisions in individual cases. The doctrine of precedent (stare decisis) requires courts to follow legal principles established in earlier cases, ensuring consistency and predictability.
Key Term: doctrine of precedent The doctrine of precedent is the principle that courts must follow legal rules established in previous decisions by higher courts in similar cases.
The court hierarchy determines which decisions are binding. Decisions of higher courts bind lower courts. The Supreme Court is not strictly bound by its own previous decisions but will only depart from them in rare circumstances.
Key Term: binding precedent A binding precedent is a legal principle established by a higher court that must be followed by lower courts in future cases with similar facts.
Key Term: persuasive precedent A persuasive precedent is a decision that a court may consider but is not obliged to follow, such as decisions from lower courts or courts in other jurisdictions.
Statutory Interpretation: The Role of the Courts
Statutes cannot anticipate every possible factual scenario. Courts must interpret statutory provisions and apply them to the facts of each case. Several rules and approaches guide this process.
Key Term: statutory interpretation Statutory interpretation is the process by which courts determine the meaning and application of words in a statute.
The Literal Rule
Courts give words their plain, ordinary meaning, even if the result seems harsh or unintended.
The Golden Rule
If applying the literal meaning would produce an absurd or repugnant result, the court may modify the meaning to avoid the absurdity.
The Mischief Rule
The court considers the "mischief" or problem the statute was intended to remedy and interprets the provision to suppress that mischief.
The Purposive Approach
The court looks at the broader purpose or intent of the legislation, especially for statutes derived from EU law or where human rights are engaged.
Aids to Interpretation
Judges may use internal aids (such as definitions, long titles, and schedules within the Act) and external aids (such as dictionaries, previous case law, and, in limited circumstances, parliamentary debates recorded in Hansard).
The Relationship Between Statute Law and Case Law
Statute law and case law interact in several important ways:
- Statute law is supreme. If there is a conflict between statute and case law, the statute prevails.
- Courts interpret and apply statutes to individual cases, clarifying ambiguities and filling gaps.
- Judicial decisions can highlight problems or ambiguities in statutes, prompting Parliament to amend or clarify the law.
- Case law develops legal principles in areas not covered by statute, but Parliament can always legislate to change or override case law.
Worked Example 1.1
A new Act of Parliament criminalises a specific type of online fraud. The Act uses the term "device" but does not define it. A defendant is prosecuted for using a tablet computer to commit the offence. The court must decide whether a tablet is a "device" under the Act.
Answer: The court will use statutory interpretation to determine the meaning of "device." Applying the literal rule, a tablet is commonly understood as a device, so the court is likely to include it. If ambiguity remains, the court may consider the mischief or purpose of the Act to ensure the law covers modern technology.
Worked Example 1.2
A long-standing common law rule allows a landlord to evict a tenant without notice in certain circumstances. Parliament passes a new statute requiring landlords to give at least four weeks' notice before eviction.
Answer: The statute prevails over the common law. Courts must apply the statutory requirement for notice, even if it contradicts previous case law.
Worked Example 1.3
A court interprets a statute in a way that exposes a loophole, allowing certain fraudulent conduct to go unpunished. Parliament responds by passing an amending Act to close the loophole.
Answer: This demonstrates how judicial decisions can influence Parliament to amend or clarify statute law in response to practical problems identified by the courts.
Exam Warning
Courts cannot refuse to apply an Act of Parliament because they disagree with its policy or believe it is unjust. Statute law is always supreme, subject only to limited exceptions (such as declarations of incompatibility under the Human Rights Act 1998, which do not invalidate the statute).
Revision Tip
When answering SQE1 questions, always identify whether the legal rule in question comes from statute or case law, and consider whether any statutory provision overrides or modifies the common law.
Key Point Checklist
This article has covered the following key knowledge points:
- Statute law (Acts of Parliament) is the supreme source of law due to parliamentary sovereignty.
- Case law develops through judicial decisions and the doctrine of precedent.
- Courts must follow binding precedent from higher courts but may consider persuasive precedent.
- Courts interpret statutes using established rules and approaches.
- Statute law prevails over case law if there is a conflict.
- Judicial decisions can influence statutory reform, and statutes can override or modify case law.
- The Human Rights Act 1998 requires courts to interpret statutes compatibly with Convention rights, where possible.
Key Terms and Concepts
- parliamentary sovereignty
- doctrine of precedent
- binding precedent
- persuasive precedent
- statutory interpretation
