ELS - Courts and Tribunals - Consolidation MCQs Flashcards
Which one of the following statements best describes the purposive approach to statutory interpretation?
Judges will look at the strict meaning of the words contained in a statute, as well as the purpose or objective of the Act in question. If there is a conflict between the two, the judges will interpret the words in the context of and in accordance with the wider purpose of the Act.
Judges will examine the social and economic context of the Act in question as a starting point in interpreting legislation.
Judges will look at the purpose of the Act in question when construing the statute.
It is possible to see the origins of the purposive approach in the older ‘mischief rule’.
Judges will consider the overall design and configuration of the Act in question. However, if they consider that this creates a situation where a literal interpretation of the legislation is incoherent or absurd, they will be entitled to apply a different interpretation to the words so that implementation of the Act becomes more workable and effective.
Judges will look at the strict meaning of the words contained in a statute, as well as the purpose or objective of the Act in question. If there is a conflict between the two, the judges will interpret the words in the context of and in accordance with the wider purpose of the Act.
Correct. Judges do not automatically use a purposive approach. However, particularly in the modern day, they naturally tend to assess the overall context within which the Act came about so that, if a literal reading of the words in the statute does not produce a plausible interpretation, they will be informed by this wider context. The other answers did not fully or clearly describe the context in which, and the objective for which, the courts use a purposive approach to statutory interpretation.
Which one of the following statements best describes the relevant stage of the legislative process?
The committee stage of a bill gives MPs appointed to the relevant legislative committee the chance to scrutinise the detail of the bill and to propose necessary amendments.
The second reading of a bill gives MPs the greatest chance to scrutinise it in detail.
The report stage of the bill involves a specially selected legislative committee making final amendments to the bill.
The committee stage of the bill gives MPs from the relevant select committee the chance to scrutinise the detail of the bill and to propose necessary amendments.
The third reading of the bill allows MPs a final chance to amend a bill and to negotiate over its final shape and content.
The committee stage of a bill gives MPs appointed to the relevant legislative committee the chance to scrutinise the detail of the bill and to propose necessary amendments.
Correct. Note that MPs are selected on the basis of party strength in the Commons to scrutinise an individual bill. Also note that this type of committee used to be called a ‘standing’ committee and is sometimes still referred to as such. The other answers do not correctly describe in all respects the legislative process operating within Parliament.
Which one of the following statements best describes the linguistic presumption that should be used in the context to aid the process of statutory interpretation?
In order to assist in the interpretation of a (fictitious) statute, the judge applies the presumption ‘expressio unius est exclusio alterius’ when interpreting the phrase: ‘construction of domestic houses, apartments, flats and other such dwellings’.
In order to assist in a purposive interpretation of a (fictitious) statute, the judge applies the presumption ‘expressio unius est exclusio alterius’ when interpreting the phrase: ‘the imposition of the tax on income, share dividends and bond yields.’
In order to assist in the interpretation of a (fictitious) statute, the judge applies the ‘noscitur a sociis’ rule when construing the phrase: ‘clubs, associations and other organisations’.
In order to assist in the purposive interpretation of a (fictitious) statute, the judge applies the presumption ‘ejusdem generis’ by considering not just the provision in question but other neighbouring provisions in the statute.
In order to assist in a literal interpretation of a (fictitious) statute, the judge applies the presumption ‘expressio unius est exclusio alterius’ when interpreting the statutory phrase: ‘the imposition of the tax on income, share dividends and bond yields.’
In order to assist in a literal interpretation of a (fictitious) statute, the judge applies the presumption ‘expressio unius est exclusio alterius’ when interpreting the statutory phrase: ‘the imposition of the tax on income, share dividends and bond yields.’
Correct. This effectively deals with the situation where there is a ‘closed list’ of descriptive items, as in this statute – the presumption is that the tax applies only to those matters listed. Additionally, this assists a literal approach to interpretation as the court is seeking to achieve a proper construction of the words in the statute. The other answers do not correctly or adequately describe the correct application of the various linguistic presumptions that aid the process of statutory interpretation.
Which one of the following statements best describes the key characteristics of secondary legislation?
Secondary legislation is necessary in the modern world in order to ensure that different branches of national and local government have the detailed powers necessary to administer the state. The delegation of the ability to create these detailed powers is heavily controlled, however, by Parliament through tight scrutiny procedures.
Secondary legislation can be referred to as delegated or subordinate legislation.
The most common form of delegated authority given to the government in an Act of Parliament relates to the commencement date for applying the Act, either as a whole or in different stages.
Secondary legislation is not made by Parliament itself but usually by government departments under powers given to it by Parliament in primary legislation. It is subject to varying degrees of initial political scrutiny but can be judicially reviewed by the courts to ensure that it has been created within the powers originally approved by Parliament.
Secondary legislation is not made by Parliament itself but usually by government departments under powers given to them by Parliament in primary legislation. It is subject to detailed initial political scrutiny by MPs after it has been created to ensure that it has been created within the powers originally approved by Parliament.
Secondary legislation is not made by Parliament itself but usually by government departments under powers given to it by Parliament in primary legislation. It is subject to varying degrees of initial political scrutiny but can be judicially reviewed by the courts to ensure that it has been created within the powers originally approved by Parliament.
Correct. Note that the original powers are given by Parliament in a so-called Parent Act. The other answers do not correctly or adequately describe key features of secondary legislation including the degree to which it is scrutinised before implementation.
An incident recently occurred in which a young man was shot dead by the police as they feared he was brandishing a dangerous weapon in a shopping mall and behaving in an alarming way. It transpired that he had a serious mental health condition and that he was waving a long plastic knife and not a real one. The man has left a widow and a young child who do not have any income, as he was the only one in employment. The Department for Work and Pensions (‘DWP’) has refused anything other than the most basic form of benefit assistance, because it claims that the man’s actions effectively brought about his own death.
Which one of the following statements best describes the judicial bodies that his widow is likely to encounter in investigating and challenging what has happened?
There will be a Coroner’s Court inquest, as the death occurred in public and was not due to natural causes, and in addition there will be a statutory inquiry because of the seriousness of the matter. The man’s widow may also need to challenge the DWP’s decision to deny her benefit assistance through the Social Entitlement Chamber of the First Tier Tribunal.
There will be a Coroner’s Court inquest, as the death occurred in public and was not due to natural causes, and there is also a possibility of a statutory inquiry taking place. The man’s widow may also need to challenge the DWP’s decision to deny her benefit assistance through the Social Entitlement Chamber of the First Tier Tribunal.
There will be a Coroner’s Court inquest, as the death occurred in public and was not due to natural causes, and there is also a possibility of a statutory inquiry taking place. His widow may also need to issue proceedings in the County Court against the DWP for its decision to deny her benefit assistance.
There will be a Coroner’s Court inquest, as the death occurred in public and was not due to natural causes, and the police officer who shot the man will subsequently be prosecuted in the Crown Court. The widow may also need to challenge the DWP’s decision to deny her benefit assistance through the Magistrates Court.
As the man has been killed, and so his right to life has been engaged, there will be an automatic referral of this matter to a judicial review in the Administrative Court. His widow may also need to challenge the DWP’s decision to deny her benefit assistance through the Magistrates Court.
There will be a Coroner’s Court inquest, as the death occurred in public and was not due to natural causes, and there is also a possibility of a statutory inquiry taking place. The man’s widow may also need to challenge the DWP’s decision to deny her benefit assistance through the Social Entitlement Chamber of the First Tier Tribunal.
Correct. A statutory inquiry could be ordered in this situation but is only likely to happen if there are exceptional features to this incident or there has been a spate of such incidents, suggesting systemic problems in police handling of such matters. The other answers do not demonstrate as clear a picture of the likely involvement of the key statutory judicial bodies and tribunals.
