Interpreting Statute

Question 1

recourse

Answer 1

source of help in a difficult situation

Question 2

retrospective

Answer 2

looking back on past situations

Question 3

noscitur a sociis

Answer 3

the immediate context rule - interpreting the word in the context of the statute

Question 4

fringe meaning

Answer 4

words that have uncertainty when applied to situations (e.g. is a tent a building?)

Question 5

The Mischief Rule

Answer 5

Look at common law before the Act, find the mischief it was meant to remedy, suppress mischief, advance remedy

Question 6

Purposive Approach

Answer 6

Find purpose of legislation rather than assuming there is mischief to be solved.

Question 7

The Golden Rule

Answer 7

Prefer sensible meaning to an absurd one. Where the words do not match up with intention, may be interpreted differently. (e.g. changing ‘and’ to ‘or’)

Question 8

What are the 7 assumptions of a statute?

Answer 8

not retrospective, applies only in UK, against interference with vested rights, against taking of property without compensation, against interference with contract, Parliament intends to act in accordance with international obligations, when Parliament confers power, it must exercised in accordance with natural justice

Question 9

What is Section 3 of the HRA?

Answer 9

primary and subordinate legislation must be compatible with Convention. Can declare incompatibility but cannot re-legislate.