1. Case law and the doctrine of precedent
London Street Tramways Co Ltd v London County Council [1898] AC 375
The House of Lords held that it was absolutely bound by its own previous decisions, with certainty of the law treated as outweighing the risk of occasional injustice. This rigid rule stood until the Practice Statement [1966] 3 All ER 77, by which the Lords (now the Supreme Court) reserved the power to depart from their own earlier decisions when it appears right to do so.
2. Different types of case law: precedent in the Court of Appeal
Young v Bristol Aeroplane Co Ltd [1944] KB 718
The Court of Appeal is generally bound by its own previous decisions, subject to three exceptions: where two of its own decisions conflict (it chooses which to follow); where its decision cannot stand with a later House of Lords/Supreme Court decision; and where the earlier decision was made per incuriam.
3. How case law is made: judicial development of the common law
R v R [1992] 1 AC 599
The House of Lords abolished the marital rape exemption, holding that a husband can be convicted of raping his wife and that the supposed irrevocable consent on marriage is a common-law fiction with no place in modern law.
4. Acts of Parliament and parliamentary sovereignty
British Railways Board v Pickin [1974] AC 765
Under the enrolled bill rule, the courts have no power to examine parliamentary proceedings or to question the validity of an Act that has passed both Houses and received Royal Assent, even where fraud on Parliament is alleged; the court's duty is simply to apply the Act.
5. Bills and primary legislation: the Parliament Acts
Jackson v Attorney General [2005] UKHL 56
The House of Lords upheld the validity of the Parliament Act 1949 (and thus the Hunting Act 2004 enacted under it), holding that legislation passed using the Parliament Acts 1911 and 1949 procedure without the Lords' consent is primary legislation, not delegated legislation.
6. The court's power in relation to statute law: implied repeal
Ellen Street Estates Ltd v Minister of Health [1934] 1 KB 590
Parliament cannot bind its successors as to the form or content of future legislation; where a later Act is inconsistent with an earlier one, the earlier is impliedly repealed to the extent of the inconsistency.
7. Origins and commencement of Acts of Parliament
R v Secretary of State for the Home Department, ex parte Fire Brigades Union [1995] 2 AC 513
A minister may not use prerogative power in a way that frustrates the will of Parliament; where an Act confers a statutory scheme to be commenced by the minister, he must keep commencement under genuine review and cannot introduce an inconsistent prerogative scheme that defeats the un-commenced statute.
8. The court's power in relation to statute law and the rule of law
R (Evans) v Attorney General [2015] UKSC 21
The Supreme Court quashed the Attorney General's veto certificate, holding that, absent the clearest statutory words, the executive cannot override a final, reasoned decision of a court, as this would breach two basic rule-of-law principles: that court decisions bind the parties and that executive action is reviewable by the courts.
9. Acts of Parliament: separation of powers and prorogation
R (Miller) v The Prime Minister; Cherry v Advocate General for Scotland [2019] UKSC 41
The prerogative power to prorogue Parliament is justiciable and limited; advice to prorogue is unlawful (and the prorogation void) if it frustrates or prevents, without reasonable justification, Parliament's ability to perform its constitutional functions as legislature and supervisor of the executive.
10. The court's power in relation to statute law: role of the judiciary
Duport Steels Ltd v Sirs [1980] 1 WLR 142
Per Lord Diplock, the UK constitution is based on the separation of powers: Parliament makes law and the judiciary interprets it. Where statutory words are clear, judges must give effect to them and cannot, under the guise of interpretation, rewrite the statute to reach a result they prefer; any defect is for Parliament to remedy.
11. Secondary legislation and access to justice
R (UNISON) v Lord Chancellor [2017] UKSC 51
The Employment Tribunal Fees Order 2013 was quashed as ultra vires because it unlawfully interfered with the constitutional common-law right of access to the courts; delegated legislation is unlawful if it effectively prevents access to justice without clear authorising words in the parent Act.
12. Principles of statutory interpretation: the mischief rule
Heydon's Case (1584) 3 Co Rep 7a
Establishes the mischief rule: in construing a statute the court considers the common law before the Act, the mischief or defect for which the common law did not provide, the remedy Parliament resolved on, and the true reason for that remedy, then interprets the Act so as to suppress the mischief and advance the remedy.
13. Principles of statutory interpretation: the literal rule
Fisher v Bell [1961] 1 QB 394
Applying the literal rule and the established contract-law meaning of 'offer for sale', a flick knife displayed in a shop window with a price was only an invitation to treat, not an offer for sale, so no offence was committed under the Restriction of Offensive Weapons Act 1959 as then worded.
14. Principles of statutory interpretation: the golden rule
R v Allen (1872) LR 1 CCR 367
Applying the golden rule to avoid an absurd result, 'shall marry' in the bigamy offence under s 57 of the Offences against the Person Act 1861 was read as 'shall go through a ceremony of marriage', so a second ceremony during a subsisting marriage is bigamy even though that second marriage is legally void.
Adler v George [1964] 2 QB 7
To avoid the absurdity of an offence covering obstruction near, but not inside, a prohibited place, 'in the vicinity of a prohibited place' in s 3 of the Official Secrets Act 1920 was read as 'in or in the vicinity of', so obstruction within the prohibited place was an offence.
15. Principles of statutory interpretation: use of Hansard
Pepper v Hart [1993] AC 593
The exclusionary rule was relaxed so that courts may refer to Hansard as an aid to construction where the legislation is ambiguous, obscure or leads to absurdity, the material consists of one or more statements by a minister or promoter of the Bill, and those statements are clear.
16. Rules of language: ejusdem generis
Powell v Kempton Park Racecourse Co [1899] AC 143
Under the ejusdem generis rule, where general words follow a list of specific items they are limited to the same class as those items; since 'house, office, room' in the Betting Act 1853 were all indoor places, 'or other place' did not extend to an outdoor betting enclosure.