Explain statutory interpretation and critically consider the approaches used by English

judges in the practice of applying statute law while adjudicating

I.) Introduction

a.) Brief definition and explanation of sources of law

- Briefly introducing what the law is and the 2 main sources of law: written and
unwritten laws.

b.) Direct explanation of sources of law to Parliamentary laws which are also
considered as written laws/statute laws

c.) Brief definition of statutory interpretation and explain how it relates to statute
laws

- It is simply a practice whereby English judges seek to understand particular statute laws
so that they can apply them to cases.

d.) Thesis statement

- Explain that there are two general approaches to S.I and that you will discuss these
approaches in detail so as to critically consider how it is used in practice by judges whilst
adjudicating.

- 2 general approaches: literal approach and purposive approach

II.) Body

* Point 1

a.) Briefly introduce the literal approach and purposive approach to S.I

- The former focuses more on the actual wordings of a statute, but the latter isn't so
concern with the letter of the law but the purpose behind the enactment of a statute.

b.) Direct discussion to the literal approach as the starting point and
explain the basic practice used in this approach

- Explaining that there are 3 common laws to S.I

c.) Define and discuss the literal rule with relevant case examples: e.g.
Whiteley's Case and Berriman's case
 Explain statutory interpretation and critically consider the approaches used by English
judges in the practice of applying statute law while adjudicating
- Literal rule - where the judges apply a statute law according to its plain and ordinary
meaning

d.) Define and discuss the golden rule: e.g. Adler's case and Re Sigsworth

- Golden rule - modify the words in the statute so that the meaning of the word is not
understood and applied in a way that will lead to repugnant situation

e.) Define and discuss the mischief rule: e.g. Smith's case and Royal
College of Nursing case

- Mischief rule - allows the judge to ask what was the mischief for which the current
statute seek to remedy when it turned a common law into statute law

Alt way

- Choose to use one case per rule to explain the workings but with a more detailed
illustration of the one case that we're using
- Cases explained in brief

* Point 2

a.) Direct discussion to the purposive approach and explain the basic
practice used in this approach.

- Define and discuss the purposive approach in detail by explaining that the practice of
this approach is more concerned with the purpose of a particular statute enacted by
Parliament than what the statute actually says.

b.) Critically evaluate the purposive approach by going through some of

the arguments for and against the use of this approach.

- We have to consider the fact that the purposive approach involves judges questioning
the intention of Parliament when enacting a particular statute

- Our own opinion and comment in a critical manner on whether or not the purposive
approach is a good practice or a bad one

c.) Briefly introduce the 2 ways in which judges interpret statute laws
purposively, i.e. by referring to intrinsic aids and extrinsic aids.

- Introduce the aids judges use to find the intention of Parliament so that they can
purposively apply a statute in a case before them
 Explain statutory interpretation and critically consider the approaches used by English
judges in the practice of applying statute law while adjudicating
d.) Explain the use of intrinsic and extrinsic aids in the purposive approach
to S.I and critically evaluate the pros and cons of its usage

e.) Critical case on point: Pepper's case on the use of Hansard

- Use of Hansard as an extrinsic aid to help judges apply a statute purposively

=> We had critically evaluated the 2 approaches to S.I

* Point 3

a.) Briefly review the discussion in both point one and point two

b.) Explain the problems of both approaches with critical evaluation of the
pros and cons in the practice of S.I

- Views, opinions and cmts on the focus of discussion will become relevant as we have
to address the question which asks us to critically consider the approaches used by
English judges... whilst adjudicating

c.) Briefly revisit some of the major decisions which have either proven to
do justice to the case or has made a nonsense to the the law.

d.) Endeavor to mention Section 3 HRA 1998 and how this may have
actually extended the purposive approach

- Cmt briefly

III.) Conclusion

a.) Briefly review and re-evaluate some of the major parts while addressing the
focus of the question

b.) Make any other relevant cmt to show that the writer supports either
approaches to SI or support both approaches.