An Introduction to The English Legal System – Part 3

COURSE DESCRIPTION
Welcome to the course on Judicial Precedent and Statutory Interpretation!

This course is designed to provide you with a comprehensive understanding of the two fundamental methods used to interpret and apply the law in common law systems: judicial precedent and statutory interpretation.
Through this course, you will gain an understanding of the role of precedent in the common law system, and how the doctrine of stare decisis operates in practice. You will examine the different types of precedent, and how they are used in legal reasoning and argumentation.
You will also explore the process of statutory interpretation, including the principles of statutory interpretation and the different approaches that can be used to interpret statutes. You will learn about the role of legislative intent and the different sources of interpretation that can be used to determine the meaning of a statute.

Throughout the course, you will engage with a variety of legal texts, cases, and statutes to deepen your understanding of judicial precedent and statutory interpretation. You will also be encouraged to engage in critical thinking and analysis, developing your skills in legal reasoning and argumentation.

By the end of this course, you will have a strong understanding of the principles of judicial precedent and statutory interpretation and how they are applied in the common law system.

COURSE INSTRUCTION
The course has been designed and created by University Law lecturers and practicing legal professionals.

REQUIREMENTS
No prior knowledge is needed – rather a curiosity to learn about English Law.

COURSE AIMS
You will be equipped with the tools to critically evaluate legal issues, and to engage in debates about the role of precedent and statutory interpretation in contemporary legal practice.

WHO IS THIS COURSE SUITABLE FOR

• You are interested in learning about English law and the English Legal System
• Your work involves dealing with English Law or your work within the English Legal System
• You are currently learning legal English or preparing for the TOLES exam.
• Civil law jurisdiction legal professionals or administrative staff
• Students who are unfamiliar with the English Legal System
• Business professionals who deal with the UK
• Do you intend to study law in the UK or wish to switch to a career in law?

SYLLABUS

1. How judicial precedent operates
2. How statutory interpretation operates.

LEARNING OUTCOMES

1. Understand the structure and operation of the central institutions and processes of the English Legal System
2. Explain the purpose and basic structure of the court system and how the judicial system operates.

Module 1: How Judicial precedent operates in the UK
This module will provide an overview of the doctrine of judicial precedent and how it operates in the hierarchy of courts in the UK. Understanding this doctrine is vital to anyone who will study UK law or operate within the legal sphere in a professional capacity

Following completion of this module, students will be able to:

1. To understand how the common law was developed
2. To understand how the doctrine of judicial precedent developed and to define it
3. To understand the difference between vertical and horizontal precedent
4. To understand the advantages and disadvantages of the case law system
5. To describe the doctrine of judicial precedent as a self-imposed rule
6. To consider the balance between fairness and justice vs. predictability and uncertainty.
7. To explain the operation of judicial precedent in the hierarchy of the courts
8. To describe the responsibility of the Supreme Court in the application of the doctrine and the role of the practice statement
9. To describe the role of the Court of Appeal in the application of judicial precedent and the role of the Bristol Aeroplane Case.
10. To describe the role of the lower courts in the application of judicial precedent
11. To explain the role of the Human Rights Act 1998 in the application of judicial precedent
12. To understand the arguments for and against judicial law-making

Module 2: How statutory interpretation operates
How judges interpret statutes in the UK has both practical and constitutional importance. This module provides an overview of the various tools that UK judges use in the interpretation of statutes when they are making decisions.

Following completion of this module, students will be able to:

1. Explain the importance of statutory interpretation
2. Describe the constitutional role of judges
3. Describe and provide examples of the literal rule of interpretation
4. Describe and provide examples of the golden rule of interpretation
5. Describe and provide examples of the mischief rule of interpretation
6. Understand the limitations and disadvantages of the traditional rules of interpretation
7. Explain and provide examples of the purposive rule of interpretation
8. Explain the various aids to statutory interpretation including, presumptions, rules of language, internal aids and external aids.
9. Explain the difference between common law and civil modes of interpretation
10. Describe the impact of the Human Rights Act 1998 on statutory interpretation
11. Describe various examples of statutory interpretation in human rights cases.