Chapter Three - Differences

Question

Chapter 3: (B) DIFFERENCES

Answer

(11) Provide three different presumptions made by judges when interpreting statutes.

For example:

· Presumption against an alteration of the common law
· Presumptions against a statute having retrospective effect
· Presumption that the Crown is not bound by a statute
(See AS Level Law at pp 56-57.)

(12) What is the distinction drawn by Llewellyn as to grand-style and formal-style judges?

The distinction drawn is between those judges who will be prepared to take a creative and flexible approach to their role as interpreters of legislation (such as Lord Denning), and those will only defer to Parliament and therefore strictly adhere to the plain meanings of words in an Act (such as Lord Simonds). Karl Llewellyn referred to the former creative judges as ‘grand-style judges’ and the latter judges as ‘formal-style judges’. (Please refer to discussion of the case of Magor and St Mellons Rural District Council v Newport Corporation (1952) in AS Level Law at p 58.)