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    What are the roles of the Judges in Statutory interpretation, and how can their roles be critised?

    The main reason I am asking is beacuse of the questions in the final synoptic paper for OCR A2 Law.

    Any help would be much appreciated- even if you are not doin the same exam!

    Thanks

    Johnny
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    Its about the whole litral and purposive approach and if judges should be able to interpret the law as to what parliament intended or if they should take the literal dictionary measning of the act.

    Hope that helps
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    Kind of..

    So what are the main issues?
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    (Original post by JohnnyJamJar)
    Kind of..

    So what are the main issues?
    That traditional judges favour the passive role in interpretation. That they should apply the law as shown by the words and not 'fill in the gaps' in legislation. whereas activist judges favour the purposive approach and see their role of a creative one. An example of an activist judge is Lord Denning. An example of the puposive approach towards an activst role is the use of Hansard as decided in Pepper v Hart (1993) But the restriction that were placed on the use of Hansard shows the House of Lords reluctance to bee too creative when using statutory interpretation. The whole idea of activist judges has increased from the influence of European law.
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    another critism is that we live in a democracy and that means we intrust parliment with the law making. So with these modern purposive approaches it is giving the judges more and more power, people who we did not vote in. Therefore its making the application of the law less democratic and thereofore possibly less what the public want. I'm doing that paper as well, not looking forward to it cos I have never done a paper like this b4. My teacher gave me lots of info on what will be in the exam and I posted in on a thread on the social sciences if u wanna have a look, its under something like 'ocr a2 law'. You should look at the advantages as well. Some thing which is likely to be topis for discussion in the exam is the exchange on words between denning and some other guy (cant remeber his name) something bout 'naked usurpation' and filling in the gaps and groping bout in the dark.
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    Will we be expected to talk abouts intrinsic and extrinsic aids with the first question about stat int?
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    (Original post by cbtaylor87)
    Some thing which is likely to be topis for discussion in the exam is the exchange on words between denning and some other guy (cant remeber his name) something bout 'naked usurpation' and filling in the gaps and groping bout in the dark.
    i think the other guy was called Simmonds!
 
 
 
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