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meanings” as with normal statute. In
fact, interpretation must be done in
terms of:
· a combination of the common
law rules for interpretation of
statute
· the particular enabling Acts, and
· the context of the regulation
concerned
using the Interpretation Act 1978 as a
guide, not the circumstances of the
case. This is because legislation
cannot necessarily be taken to mean
what it says because it may be badly
drafted, leaving the law open to
interpretations the enabling Acts do
not permit, from which injustice
could result (Commissioners' Decision
1/74). As far as we are concerned,
the first interpretation is made in the
cockpit. You (as Commander) have
the final authority as to the
disposition of your aircraft (Chicago
Convention Annex 2 Chapter 2, as
embodied in the Civil Aviation Act
1982), while you are in command,
therefore your word is law until
overturned by judicial review on an
application made within 3 months by
a person with a lawful interest.
In the case of any dispute, the
question of interpretation is always
primarily a matter for the High
Court, because a magistrate’s court
tends to concern itself with fact and
not law (that is, as to whether a case
should be brought in the first place),
with the above methods of guidance
being used as support in case of
ambiguity. Any judgements resolving
this would probably take place in
accordance with the spirit of the law,
that is, what, in the judge's opinion,
was the presumed intention of those
who made it. Provided a literal
interpretation isn't absurd, then it
applies regardless of any
inconvenience it may cause (subject
to the doctrine of precedent).
Legal Stuff 275
Precedent
Law arises from these judicial
interpretations as well, because
notice is taken of them in later
proceedings, depending on the status
of the court in which they were
made. Interpretations made in the
House of Lords (which is the highest
court in the land) are binding on any
lower courts, but not the other way
round—what a Crown Court may
think has no bearing on the House,
although it does in Magistrate's
Courts, which are lower in status.
This is known as judicial precedent,
which, naturally, must be written
down somewhere otherwise
decisions would get forgotten, hence
the expression case law. The idea is
that, once a legal issue is resolved, it
does not need to be reconsidered in
later cases where the facts are
substantially similar - the court must
uphold earlier decisions if there is
nothing unique or different from the
one being decided.
In short, regulations under Civil
Aviation subordinate legislation are
subject to the same Parliamentary
control as the enabling powers and
must be interpreted and applied in
accordance with them.
The above is similar in Canada.
Decisions of the Supreme Court of
Canada are binding on all lower
courts but, since 1982, it has almost
wholly restricted itself to hearing
cases concerning alleged breaches of
individuals’ charter rights. These
always arise in criminal cases where
an individual faces imprisonment,
which is not the case for violations
of the Aeronautics Act and
Regulations.
Summary
So, to summarise, whether a law
affects you or not depends on:
· The validity of the law itself
· If it's valid, whether it's
enforceable
· Whether it's been interpreted
correctly in the circumstances
· Whether the court actually has
jurisdiction.
This is true in Canada as well, except
that the procedure to determine
validity varies and the only invalid
Act of Parliament would be one
which is unconstitutional in its
entirety.
With reference to jurisdiction,
Section 99 (3) of the 1982 Act says
that (for the purposes of conferring
jurisdiction) any alleged offences
under the ANO or Section 81 do
not take place in an actual place, but
only in a deemed place, which means
that cases can be heard at selected
places, to give some flexibility where
a British registered aircraft acts
dangerously towards a Dutch ship in
international waters, where the
jurisdiction can therefore be given to
the place where the offender is
caught – the best example of this
was the Lockerbie trial, where a
Scottish Court was convened
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