Chapter 3: Sources of Law (Statutory Interpretation) Flashcards
What must judges do when interpreting the law?
Ascertain what Parliament intended when the act was passed
What are the 4 rules of construction
- literal Rule
- Golden Rule
- Mischief Rule
- Purposive Approach
What is the literal rule?
Using the ordinary meaning of words (literal interpretation)
What is the golden rule?
Words are given their ordinary meaning unless it would result in an absurd or repugnant outcome.
What is the mischief rule?
Look at the problem Parliament was trying to solve and interpret in light of this.
literal interpretation would result in a gap in the law.
What is the purposive approach?
Consider the overall purpose/ wider aims of the statute
What was the case of Pepper V Hart about?
How much tax a teacher would pay to Inland Rev - additional cost of providing the benefit.
What are rules of language?
Rules judges apply to interpret unclear, ambiguous, vague words using other language within the statue.
What are the rules of language?
of the same type - specific words followed by general words.
to express one thing is imply others (complete list).
the meaning of words can come from other words around them (must be necessary to interpret).
What are the 4 presumptions?
Statutes do not alter common law
Statutes do not bind the crown
Statutes do not operate/ apply retrospectively
Presumed mens rea is a requirement for all statutory criminal offences
When can a presumption be rebutted?
if / when an act expressly goes against one.
What are aids?
Things judges use to assist construing a statute. Internal or external depending on if they are in or outside of a statute.
What were the conditions for the court to refer to Hansard (Pepper V Hart)
legislation is ambiguous/ obscure/ leads to absurdity
Material relied on by party consists of statements made in Parliament by ministers/ bill makers
Statements relied upon are clear and can assist the court in construing the legislation
What rules of interpretation apply to Wales?
ALL rules
What does the gov of Wales act state about interpretation of welsh legislation
legislation must be read as narrowly as required to be within competence / powers of welsh gov. (restrictive way/ no wider meaning). If this is possible the legislation will have effect.
