This question requires candidates to consider the powers of judges to interpret legislation and the rules they apply in exercising such interpretative powers. Although the question requires answers to focus on the two main general approaches, it also requires an explanation of the various traditional rules of statutory interpretation employed by the courts.
(a)
Requires an explanation of the meaning of statutory interpretation.
2 marks Good explanation of why judges are required to interpret particular statutes.
1 mark Some recognition of the need for statutory interpretation but lacking detail.
0 marks No knowledge of the topic.
(b)
Requires a consideration of the literal approach, including the golden rule.
3–4 marks Full detailed explanation with supporting cases or examples.
1–2 marks Limited knowledge of the topic; perhaps lacking detail or cases/examples.
0 marks No knowledge of the topic under consideration.
(c)
Requires a consideration of the purposive approach, including the mischief rule.
3–4 marks Full detailed explanation with supporting cases or examples.
1–2 marks Limited knowledge of the topic; perhaps lacking detail or cases/examples.
0 marks No knowledge of the topic under consideration.
Candidates may simply produce a global answer considering the traditional rules and will be marked according to the content provided.