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Introduction

Since the Industrial Revolution, social and economic changes have occurred at such a rate that the common law, the development of which is dependent on the random process of suitable cases coming before the courts, has been unable to keep pace with the needs of the society it serves.

As a result, statutes (which are also known as Acts of Parliament and are primary legislation) and delegated legislation have become the major source of purely domestic English law. In addition to purely domestic English law, a very substantial volume of EU law enters the English legal system through the EU doctrines of direct applicability and direct effect (see p. 28–32), in addition to which the European Convention on Human Rights has a very significant impact on domestic English law under both the common law and the Human Rights Act 1998. This part of the chapter discusses not only the interpretation of purely domestic English law but also the interpretative practices of the European Court of Justice (for EU law) and the European Court of Human Rights (for the ECHR).

As we saw in Chapter 3, it is a matter of fundamental English constitutional doctrine that Parliament is legislatively supreme. In other words, Parliament can enact any statute it wishes and only Parliament can repeal whatever Parliament has enacted. There may be significant debate over the extent of the power (if any) of one Parliament to bind its successors, and over the relationship between European Union law and English law, but neither of these matters need be pursued for the present purposes. What does need to be considered is the interpretation (or construction) of statutes and delegated legislation. In passing, it is worth noticing that the terms interpretation and construction are generally used interchangeably, which places the burden on anyone who seeks to distinguish between them to explain why they are doing so.

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Source: Askey Simon, McLeod Ian. Studying Law. Macmillan Education,2014. — 239 p.. 2014

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