SA (10 m)

Question 1

Explain the role of pressure groups in reforming law

Question 2

Explain the stages a bill must go through in order to become an Act of Parliament

Question 3

Explain how the media influences law making

Question 4

Explain the different types of bills

Question 5

Explain the role of the Law Commission

Question 6

Explain the rule of law

Question 7

Explain the theory of parliament sovereignty

Question 8

Explain the idea of separation of powers

Question 9

Explain the rules of interpretation available to a judge when interpreting a statute

Question 10

Explain the literal and golden rules of statutory interpretation

Answer 10

If the literal rule causes an absurd result, the judge can take a more flexible approach to rectify the absurdity. Courts can either take a marrow or a wide approach, considering the statute as a whole. Judges can use intrinsic aids. R v Allen

Question 11

Explain what is meant by intrinsic aids to statutory interpretation

Answer 11

Intrinsic aids are found within the act themselves:
the long title to an act
headings/schedules
preamble: normally states aims of the act and tended scope

Question 12

Explain what is meant by extrinsic aids

Answer 12

These are found outside the act:
Dictionaries and textbooks
Reports - law commission
Historical settings
Previous case law
Hansard

Question 13

Explain the purposive and mischief rules

Answer 13

Laid down in Hendons case and allows a judge to look for the mischief or problem the statute in question was passed remedy. it directs the judge to use extrinsic aids and look for parliaments intention passing the act. Smith v Hughes

Question 14

Explain the rules of language

Answer 14

RoL are other words judges can use in a statute to help give meaning to specific words that require interpretation:
Ejudem generis - words of the same kind - Powell v Kempton
Expressio unis est eclusio alterius - express mention of one thing excludes all others - R v inhabitants od Sedgley
Noscitur a socks - a word is known by the company it keeps - Muir v Kaey

Question 15

Explain why we need delegated legislation

Question 16

Explain the types of delegated legislation

Question 17

Explain parliamentary controls on delegated legislation

Question 18

Explain the judicial controls on delegated legislation

Question 19

Explain the hierarchy of the courts

Question 20

Explain obiter dicta and ratio decedendi

Question 21

Explain binding and persuasive precedent

Question 22

Explain overruling and distinguishing

Question 23

Explain ways of avoiding a binding precedent

Question 24

Explain the effect of the Practice Statement

Question 25

Explain how the Court of Appeal may avoid binding precedent