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Statutory Interpretation

  • 4 subtopics
  • 13 things to know
  • Component 2

What Statutory Interpretation covers

How judges decide what an Act means when its words do not settle the case.

Where it is assessed

Component 2

Law making, Section A of the second paper.

Check the OCR specification ↗

The 4 subtopics

Each one has its own page.

What you need to know

Answer each one before you reveal it.

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Key term

What is rescission, and what power does section 2(2) of the Misrepresentation Act 1967 give the court in place of it?

Key term

What is Hansard and what case established when it may be consulted?

Key term

What interpretive obligation does the Human Rights Act 1998 impose on courts?

Key term

What are extrinsic aids in statutory interpretation?

Key term

What has been the traditional judicial attitude towards relying on punctuation in statutes?

Key term

Why might judges consult previous Acts on the same subject matter?

Key term

What is statutory interpretation?

Process

How did the literal rule produce a harsh result in London and North Eastern Railway v Berriman (1946)?

Process

How was the literal rule applied in Whiteley v Chappell (1868)?

Process

What four questions did Heydon's Case (1584) tell judges to ask?

Process

What did Lord Denning say about the judge's role in Magor and St Mellons RDC v Newport Corporation (1950), and how did the House of Lords respond?

Key term

What are two advantages of the mischief rule?

Process

How did Pepper v Hart (1993) support the purposive approach?

Take Statutory Interpretation further

The same content, four other ways.

Questions from this topic

Each one with the model answer underneath.

  1. 1

    What is statutory interpretation?

    Model answer

    The process by which judges determine the meaning of words and phrases in legislation when their application to a case is unclear.

  2. 2

    What are intrinsic aids in the context of statutory interpretation?

    Model answer

    Tools found within the statute itself that help judges interpret its meaning.

  3. 3

    Why does the short title of an Act provide limited interpretive assistance?

    Model answer

    Because it merely provides a brief name for the Act rather than indicating its purpose or scope.

  4. 4

    What interpretive value do headings and marginal notes have in statutes?

    Model answer

    They can indicate the subject matter of sections, though courts traditionally gave them limited weight.

  5. 5

    How does the long title of an Act assist judges in interpretation?

    Model answer

    It states the general purpose of the Act and can guide interpretation of ambiguous provisions.

  6. 6

    What function does a preamble serve in statutory interpretation?

    Model answer

    It sets out the reasons for passing the Act and can indicate parliamentary intention.

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Statutory Interpretation revision questions

What does Statutory Interpretation cover in OCR A-Level Law?
4 subtopics: 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. Each one has its own page with questions and model answers.
How is Statutory Interpretation organised?
By the OCR H418 specification, subtopic by subtopic, so it matches the order you are taught it in.

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