MID-TERM PAPER: INTERPRETATION OF STATUTES

30 marks

INSTRUCTIONS:

• There are three questions provided. Choose any one and write an essay between 2000-
2500 words.
• Do not forget to state the correct question number in your essay.
• While the three questions are from your course, you are expected to enhance your
analysis with other jurists mentioned in the course. You may also pick theorists that are
not a part of your course.
• Think creatively. Feel free to come up with your own critiques and use contemporary
cases/theories to enunciate your point better.
• Do not write beyond 2500 words (inclusive of footnotes).
• Your deadline for submission is 15th April 2023, 11:59pm.
• 1.5 marks will be deducted for delayed submission for each day. For instance, if you
submit on the 15th of April, you will automatically be marked out of 28.5, instead if 30.
• Plagiarism of any kind is prohibited. It will result in a straight zero.
• Your citations can be of any format, as long as they are uniform throughout your essay.

QUESTIONS:

Question 1) Critically analyse the role played by morality and politics in statutory interpretation
as understood by Dworkin.

Question 2) Through the different theorists you have read in the course, critically analyse the
role played by legislative intent in interpretation of statutes.

Question 3) “In order to show proper respect to statutes, interpreters should consider the
particular circumstances of each statute’s enactment and the actual value the particular statute
holds for the political community.”

This statement is from ‘Statutory Interpretation and the Many Virtues of Legislation’ by Arie
Rosen. Do you agree? Critically appraise the merits and demerits of the approach suggested.