ASSIGNMENT
DATE: Autumn 2011
WORD COUNT: 1500 Words
SUBMISSION DEADLINE: 18th October 2011
What are the principal powers available to the courts in connection with the interpretation and application of statutory legislation. How do judicial principles of statutory interpretation engage with these interpretive powers.
INSTRUCTIONS FOR COMPLETION OF THE ASSIGNMENT:
Candidates will be expected to present the assignment in the form of an essay of no more than 1500 words. Candidates will be expected to refer to the recommended textbook, Keenan & Riches’ Business Law (10th Edition). Credit will be given where candidates have clearly shown independent research by reference to other relevant textbooks and legal journals/articles.
ASSESSMENT:
Marks will be given for: * Level of response to the presented reflective questions (analysis and reflection). * Level of response to and engagement with the challenges posed by Project A and B (research). * Extensive discussion of self-development and self-directed learning (communication and management). * Reflective writing focusing on the module subject area (analysis and reflection).
Statute legislation is a primary source of law, superior to common law, possessing the power to override this law where necessary. A court would generally assume that the common law stated has not been altered unless the statute law shows blatant intention to change it. For this reason the courts will be concerned about how the language expressed in this law should be interpreted.
With statutory interpretation come presumptions. In addition to the assumption that common law remains unchanged, the court would presume that the statute does not propose to be in retrospective, therefore does not aim to make illegal something previously legal in its time of occurrence, unless the statute clearly states intent. In criminal cases, the accused necessitates mens