Statutory Interpretation | OCR A-Level Law (H418)
Statutory Interpretation
- 55 questions
- 4 subtopics
- Component 2: Law making and the law of tort
- Component 2
How judges decide what an Act means when its words do not settle the case..
It covers statutory interpretation and intrinsic aids, the literal, golden and mischief rules, the purposive approach and evaluating statutory interpretation and extrinsic aids and the Human Rights Act 1998.
Sample questions from Statutory Interpretation
Answer each one closed book first, then open the answer.
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Statutory interpretation and intrinsic aids
What interpretive value do headings and marginal notes have in statutes?
Show the answer
They can indicate the subject matter of sections, though courts traditionally gave them limited weight. -
Statutory interpretation and intrinsic aids
What is the purpose of interpretation sections within statutes?
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They define specific terms used throughout the legislation. -
The literal, golden and mischief rules
What is the golden rule of statutory interpretation?
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A modification of the literal rule: judges start with the literal meaning but may depart from it to avoid an absurd or repugnant result (Lord Wensleydale in Grey v Pearson 1857). -
The literal, golden and mischief rules
What is the mischief rule of statutory interpretation and where does it come from?
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It directs judges to find the problem, or mischief, the Act was passed to remedy and interpret the words so as to suppress that mischief; it comes from Heydon's Case (1584). -
The purposive approach and evaluating statutory interpretation
How did UK membership of the European Union affect statutory interpretation?
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UK courts had to interpret domestic law, so far as possible, consistently with EU law, which pushed them towards the purposive approach used by the Court of Justice of the European Union. -
The purposive approach and evaluating statutory interpretation
What are the advantage and the main disadvantage of the golden rule?
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It lets judges avoid absurd or repugnant results, as in Re Sigsworth, but there is no test of what counts as absurd, so its use is unpredictable and it can only be used in limited situations. -
Extrinsic aids and the Human Rights Act 1998
When may international treaties and conventions be consulted as extrinsic aids?
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When domestic legislation was enacted to give effect to international obligations. -
Extrinsic aids and the Human Rights Act 1998
What role can academic textbooks and legal commentaries play in statutory interpretation?
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They can provide authoritative analysis of statutory provisions.
The 4 subtopics
One subtopic is one session. Work down the list.
| Subtopic | What it covers | Questions |
|---|---|---|
| Statutory interpretation and intrinsic aids | Recall questions on what statutory interpretation is and on intrinsic aids, including the short and long titles, preambles, headings and marginal notes, interpretation sections, schedules and punctuation. | 9 |
| The literal, golden and mischief rules | Recall questions on the literal, golden and mischief rules, the narrow and wide golden rule, Heydon's Case, and how each was applied in cases such as Whiteley v Chappell, Fisher v Bell, Adler v George and Smith v Hughes. | 15 |
| The purposive approach and evaluating statutory interpretation | Recall questions on the purposive approach in Magor and St Mellons and Quintavalle, Pepper v Hart, the effect of EU membership and of leaving the EU, and the advantages and disadvantages of each rule and approach. | 16 |
| Extrinsic aids and the Human Rights Act 1998 | Recall questions on extrinsic aids, including previous Acts, dictionaries, the Interpretation Act 1978, Law Commission reports, treaties and textbooks, Hansard under Pepper v Hart, and interpretation under sections 2 and 3 of the Human Rights Act 1998 and Ghaidan v Godin-Mendoza. | 15 |
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
OCR A-Level Law Active Recall Guide
Every topic, not just this one. 1,624 questions with their answers.