Statutory Interpretation | AQA A-Level Law (7162)
Statutory Interpretation
- 67 questions
- 5 subtopics
- The nature of law and the English legal system, 25 marks on every paper
- Paper 1, Paper 2 and Paper 3
The literal, golden and mischief rules and the purposive approach, the aids a judge may use, and the pull of European and human rights law on how statutes are read..
It covers the Literal and Golden Rules, the Mischief Rule and the Purposive Approach, intrinsic and Extrinsic Aids, the Purposive Approach: Evaluation and European Influence and evaluating the Mischief Rule.
Sample questions from Statutory Interpretation
Answer each one closed book first, then open the answer.
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The Literal and Golden Rules
How does the literal rule respect parliamentary sovereignty?
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By applying the exact words Parliament used, judges defer to Parliament's expressed will rather than substituting their own interpretation. -
The Literal and Golden Rules
How does the golden rule avoid absurd outcomes?
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By allowing judges to depart from the literal meaning when it would produce an absurd, repugnant or inconsistent result. -
The Mischief Rule and the Purposive Approach
According to Heydon's Case, what is the first question judges should ask when applying the mischief rule?
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What was the common law before the Act? -
The Mischief Rule and the Purposive Approach
What is the fourth question from Heydon's Case?
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What is the true reason for the remedy? -
Intrinsic and Extrinsic Aids
What are marginal notes in a statute?
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Intrinsic aids appearing alongside sections that briefly summarise their content. -
Intrinsic and Extrinsic Aids
How can international treaties and conventions assist statutory interpretation?
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They may clarify the meaning of domestic legislation that implements international obligations. -
The Purposive Approach: Evaluation and European Influence
How does the purposive approach give effect to Parliament's intention?
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By looking beyond literal words to identify and implement the overall purpose Parliament sought to achieve. -
The Purposive Approach: Evaluation and European Influence
Why is difficulty determining purpose a disadvantage of the purposive approach?
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Parliament's true intention may be unclear, contested, or impossible to identify from available sources.
The 5 subtopics
One subtopic is one session. Work down the list.
| Subtopic | What it covers | Questions |
|---|---|---|
| The Literal and Golden Rules | Recall questions on what the literal rule requires, the narrow and wide approaches to the golden rule, and the advantages and disadvantages of each rule, from certainty and respect for Parliament to absurd results. | 20 |
| The Mischief Rule and the Purposive Approach | Recall questions on the questions set out in Heydon's Case and on how the purposive approach goes further than the mischief rule. | 8 |
| Intrinsic and Extrinsic Aids | Recall questions on intrinsic aids such as titles, preambles, schedules and interpretation sections, and extrinsic aids including dictionaries, Law Commission reports, explanatory notes, treaties and Hansard under the three Pepper v Hart conditions. | 20 |
| The Purposive Approach: Evaluation and European Influence | Recall questions on why EU law and section 3 of the Human Rights Act pushed courts towards purposive reading, and the advantages and disadvantages of the purposive approach, including judicial activism and parliamentary sovereignty. | 11 |
| Evaluating the Mischief Rule | Recall questions on how the mischief rule serves legislative purpose, allows flexibility, produces just outcomes and uses historical context, and on the difficulty of identifying the mischief, judicial law-making and uncertainty. | 8 |
How the guide is worked
Answering a question from memory stores it far better than reading the answer again. The guide runs that as a fixed procedure on one subtopic at a time, about twenty minutes a session.
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Step 1 · Closed book
Cover the answers. Work through one subtopic and write down what you can. Leave blanks where you have nothing.
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Step 2 · Open book
Go back to the top. Read each printed answer and write it out in full, including the ones you had right.
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Step 3 · Closed book again
Same questions, same order, from memory. The gap between pass one and pass three is the session result.
Read the full method, the return schedule and the research behind it.
Nearby topics
AQA A-Level Law Active Recall Guide
Every topic, not just this one. 2,352 questions with their answers.