Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Law Making > 4. Statutory interpretation > Flashcards

4. Statutory interpretation Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

What are the different sections of statutory interpretation?

A

-Literal Rule
-Golden Rule
-Mischief Rule
-Purposive Rule
-Intrinsic Aids
-Extrinsic Aids

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is in the literal rule

A

-Intro
-Case x3
-Evaluation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is the intro for literal rule?

A

The literal rule is where the judges are required to give the natural, ordinary, dictionary meaning of words or phrases in an Act of Parliament. The literal rule should be the first action by judges even if it results in an absurdity.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are the three cases under the Literal Rule?

A

Harris
Railway v Berriman
Whitely v Chappell

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What was the principle of Harris?

A

Judges applied the literal rule and the natural, ordinary, dictionary meaning and decided that biting does not come under the definition of “cut, wound or stab”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What was the principle of Railway v Berriman?

A

Judges applied the literal rule and the natural, ordinary, dictionary meaning and decided maintaining did not come under “relaying or repairing”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What was the principle of Whitely v Chappell?

A

The judges applied the literal rule and decided there was no offence as dead people cannot vote

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What are the evaluations of the Literal rule

A

😊Respects parliamentary sovereignty (dont change law)
😊Law is certain
😒Absurd/unjust results
😒Law doesn’t adapt to social change
😒Law doesn’t match parliaments intentions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is the Golden Rule intro?

A

The golden rule is an extension to the literal rule. It should only ever be used if the literal rule leads to an absurdity. It is a safety valve as it allows the judges to avoid the absurd and unjust results of the literal rule. There are two approaches to the golden rule-the narrow and the broad approach

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Explain the Narrow Approach…

A

-Used by the judges when a word or phrase has more than one meaning
-All the judges are allowed to do is choose the meaning leading to least absurd result
Allen- held word marry has two meaning so D could be prosecuted

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Explain the broad approach…

A

-Only ever used by judges when a word only has one meaning and would lead to an absurdity
-Judges will modify meaning of the word
Adler v George- Held in the vicinity has one meaning so the judges used the broad approach to modify the meaning to include inside

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What are the evaluations for the Golden Rule?

A

😊Respects parliamentary sovereignty
😊The law adapts to social change
😊Prevents absurd/unjust results (Re Sigworth)
😒Doesn’t respect parliamentary sovereignty (Adler v George)
😒Law is not certain

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is the Mischief Rule intro?

A

For the mischief rule the judges will have to do the following:
-Look at the old law before the new act
-Identify the problem with the old law
-Decide how parliament wanted to change the problem
-Interpret the law in line with what Parliament wanted

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What are the cases for the Mischief Rule?

A

-Heydon’s Case
-Smith v Hughes
-Royal College of Nursing v DHSS
-Corkery v Carpenter

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is the principle of Heydon’s Case?

A

Here the judges said that the court should consider four things when attempting to interpret a statutory provision:
1. Common law before act
2. What was the defect of mischief
3. what remedy does the act attempt to give
4. What is the true reason for the remedy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is the principle of Smith v Hughes?

A

The judges looked at the mischief in the old law and decided the remedy was to clean up the streets. So they applied this to the new act and decided it didn’t matter where the soliciting came from, to was still an offence

17
Q

What is the principle of Royal College of Nursing v DHSS?

A

The judges looked at the old law and decided the mischief was to stop backstreet abortions. So they interpreted the new act to say nurses could do part of the procedure

18
Q

What is the principle of Corkery v Carpenter?

A

Judges identified the mischief as to stop people under the influence from being a danger on the roads, bike was interpreted as a carriage

19
Q

What are the advantages of the Mischief Rule?

A

-Prevents absurd/unjust results (Smith v Hughes)
-Provides flexibility (Royal College of Nursing v DHSS)
-Mischief rule puts in to practice Parliaments intentions (Corkery v Carpenter)
-Mischief rule shows some respect for sovereignty

20
Q

What are the disadvantages of the Mischief Rule?

A

-Doesn’t provide certainty (Royal College of Nursing v DHSS)
-Mischief rule doesn’t respect Parliamentary Supremacy (Bradford v Wilson)
-Mischief rule allows inconsistency in judicial decisions
-Mischief rule relies upon parliaments intention being known

21
Q

What is the Purposive Rule intro?

A

The purposive rule requires judges to specifically look at what Parliament intended when passing the law. It is known as a modern take on the mischief rule

22
Q

What does the HRA state about the Purposive Rule?

A

S3 of the HRA requires judges to interpret all law in line with the ECtHR meaning they have to use the purposive approach here as well

23
Q

What are the three purposive rule cases?

A

-Bulmer v Bollinger
-Coltman v Bibby Tanker
-Jones v Tower Book Co.

24
Q

What is the principle of Bulmer v Bollinger?

A

Lord Denning stated that we no longer have to look at the meanings of words, we now just look at the purpose or intent

25
Q

What is the principle of Coltman v Bibby Tankers

A

The judges used the purposive rule and looked at parliament’s intent which was to protect workers, so ship could class as equipment

26
Q

What is the principle of Jones v Tower Book Co.

A

The judges used the purposive approach and decided Parliaments intention was to illuminate discrimination and decided abuse classed as part of the job

27
Q

What are the evaluations of the Purposive Rule?

A

😊Ensures all EU law is same
😊Adapts to social change
😊Prevents absurd/unjust results (Coltman v Bibby Tankers)
😒Doesn’t respect parliamentary sovereignty
😒Law is not certain (Coltman v Bibby Tankers)

28
Q

What is the intro for intrinsic aids?

A

Intrinsic aids are found inside the Act and are used by judges to interpret the words or phrases of an Act of Parliament

29
Q

What are three intrinsic aids?

A

-Preamble/Purposes Section - Climate Change and Sustainable Energy Act 2006
-Interpretation Section - The Theft Act 1968
Schedules - S2(1) Hunting Act 2004

30
Q

Explain Preamble/Purposes Section

A

-A statement before the main body of the Act, used by judges to find the purpose of the Act
-It allows judges to interpret the law in light of the purpose and intention on Parliament

31
Q

Explain Interpretation Section

A

-This is found in most modern acts. This is used by judges to provide definitions and explain the meanings of key words in the Act.
-It allows judges to interpret the law in light of what Parliament intended the words to mean

32
Q

Explain schedules

A

-This is an addition to the main body of the text. These are used by judges to refer to and make sense of the main body of the Act
-It allows judges to interpret the law in light of what Parliament wanted words and phrases to mean

33
Q

What is the intro to extrinsic aids?

A

Extrinsic aids are found outside the Act and are used by judges to interpret the words or phrases of an Act of Parliament

34
Q

What are the three extrinsic aids?

A

-Dictionaries - Vaughan v Vaughan
-Textbooks - Re Castioni
-Hansard - Pepper v Hart

35
Q

Explain dictionaries

A

-These are used by the judges to give meanings and definitions of words
-These allow judges to interpret the law with a known definition

36
Q

Explain textbooks

A

-These are used by judges to interpret the law in line with valued and credited academic opinions

37
Q

Explain Hansard

A

-Hansard is the Parliamentary debates
-Hansard can be used by Judges to interpret what Parliament intended as Act to do when they were debating its creation

Law Making (5 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions