Question

6. The rule that essentially requires a judge to decide later cases in the same manner that earlier cases were decided is called the:

1. Doctrine of consistency.
2. Doctrine of precedent.
3. Rule of law.
4. Doctrine of principle.

7. The ‘Purpose Approach’ of statutory interpretation allows for:

1. The application of the literal meaning of words only.
2. A review by the people suggesting the legislation.
3. The use of the concept of ultra vires.
4. The use of extrinsic and intrinsic materials to determine what parliament intended.

8. Which of the following statements best describes the concept of ‘separation of powers’?

1. No person is above or beyond the law.
2. Power is divided between the legislature, executive and judiciary.
3. Power is divided between the State and Commonwealth Governments.
4. Power is divided between the State and Territory Governments.

Answer 1

6) b) Doctrine of precedent

Doctrine of precedent makes it mandatory for judges to decide later cases in the same manner that earlier cases were decided .

7) d) The use of extrinsic and intrinsic materials to determine what parliament intended.

There are 4 rules of statutory interpretation. literal rule, the mischief rule, the golden rule, and the purposive approach. The purposive approach uses the extrinsic and intrinsic materials to determine what parliament intended.

8) b)Power is divided between the legislature, executive and judiciary.

Legislature, executive and judiciary are the three branches of government. Under the doctrine of Constitutional Law power is separated among them.