‘The set case has been decided and reasoned in accordance with Dworkin’s theory of interpretation.

May 8, 2023May 8, 2023 Discipline: Law
  The answer specifically requires focus on the set case, which involved the
interpretation by the different courts of relevant legislation and prior cases,
culminating in the Supreme Court decision. It is this which must be intermingled in a
candidate’s analysis with Dworkin’s theory of interpretation. What is important is
analysis as to how the Supreme Court dealt with the legislation and cases and
whether it was, in the student’s view backed by evidence, in accordance with
Dworkin’s theory of interpretation or not.
 

A good answer to this question would…
be concise, offer an interpretation of Dworkin’s approach and set out how the set
case was reasoned and decided in accordance with it or not. A position is taken: ‘I
agree…’ or ‘I disagree…’
Good answers concentrated on Dworkin’s theory of constructive interpretation with
good application to the set case, showing the candidate’s own original thought and
reflection on what was asked.

 

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