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LSM Questions

The document discusses judicial law making and precedent, statutory interpretation, alternative dispute resolution, and the independence and diversity of the judiciary. It provides questions and explanations on topics such as binding vs persuasive precedent, consistency in precedent, approaches to statutory interpretation, and reforms aimed at improving representation in the judiciary.

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Abdullah Tahir
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24 views

LSM Questions

The document discusses judicial law making and precedent, statutory interpretation, alternative dispute resolution, and the independence and diversity of the judiciary. It provides questions and explanations on topics such as binding vs persuasive precedent, consistency in precedent, approaches to statutory interpretation, and reforms aimed at improving representation in the judiciary.

Uploaded by

Abdullah Tahir
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Judicial Law Making

Judicial law making, judges as law makers, Do judges have legislative power,

Precedent
REASONINGS, Ratio decidendi, Obiter Dicta, Horizontal Precedent, vertical precedent,
consistency, certainty and flexibility in law, binding, persuasive, similar decisions
Q1 ‘Whether a precedent is binding or persuasive it may be no more influential than obiter dictum
remarks when a court is reaching its decision.’

Explain the difference between binding and persuasive precedents and discuss how courts use
precedent and obiter dicta in the English legal system.

Q2 ‘Consistency is an essential element in doing justice, in the sense that similar cases coming before the
courts for determination should be treated in a similar way.’

Explain and discuss how the notion of consistency relates to the doctrine of binding precedent in both its
horizontal and vertical dimensions.

Q3 ‘Increased diversity in the judiciary will positively shape the development of the law. It is important
that justice is not only done by, but can be seen to be done by, a judiciary which is more reflective of
society today.’

Describe what a judiciary ‘reflective of society today’ might look like and discuss what positive legal
developments a more diverse judiciary might achieve.

(Consistency and certainty)

Q4 ‘Only if judges follow the reasoning and decisions of their judicial colleagues will the common law
become certain and predictable.’

Explain how judges follow the reasoning of other judges and discuss the benefits of having certainty in
the law

Statutory interpretation
1- Tools of interpretation(judges interpret the law, mischief rule , golden rule , literal
rule ,purposive rule)
2- Effect of HRA on statutory interpretation
Q1 ‘The advantages of the literal rule are that it restricts judges to applying the law and recognises that
only Parliament makes law.’

Describe the rules of statutory interpretation and discuss how the different approaches to statutory
interpretation give greater or lesser respect to the idea that only Parliament makes law.
Q2 ‘The grammatical and ordinary sense of words is to be adhered to, unless that would lead to some
absurdity… or inconsistency with the rest of the instrument, in which case the grammatical and ordinary
sense of the words may be modified so as to avoid the absurdity and inconsistency, but no further.’ (Lord
Wensleydale).

Explain why the golden rule has generally been abandoned by the courts and discuss how approaches to
statutory interpretation today have improved statutory interpretation.

Q3 ‘If the words of an Act are clear, you must follow them, even though they lead to a manifest
absurdity. The court has nothing to do with the question whether the legislature has committed an
absurdity.’ (Lord Esher MR.)

Explain why the literal rule has generally been abandoned by the courts and discuss how approaches to
statutory interpretation today have improved statutory interpretation.

ADR
Q1 ‘Public trials in courts are increasingly being replaced with “private” trials for the resolution of our
disputes with each other.’

Explain the changes in the civil justice process that have led to disputes being settled by alternative
means and consider the advantages and disadvantages of these changes.

Independence of Judiciary
Q1 ‘The separation of powers, the sovereignty of Parliament and the rule of law are the foundations of
the British constitution but the constitution would not work without an independent judiciary.’

Briefly explain these three foundations of the British constitution and discuss the independence of the
judiciary as it relates to the rule of law and the legislative supremacy of Parliament.

Q2 Women are now well represented in the English judiciary; the real work that needs to be done is to
make judiciary more representative of other groups in society.’

Describe the extent to which women are now represented in the judiciary and explain what groups are
underrepresented in the judiciary and what might be done to improve the situation.

Q3 The Judicial Appointments Commission, the senior judiciary, and the legal professions have all
expressed their commitment to a diverse judiciary, but despite this commitment, little has changed.’

Describe the attempts by the Judicial Appointments Commission and others to create a diverse judiciary
and discuss why these have not resulted in significant changes

Civil Justice System


Reforms in CJS

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