interpreting the law Flashcards
The literal rule
words must be given their plain, ordinary, and literal meaning
The golden rule
words must be given their plain, ordinary, and literal meaning as far as possible but not if the result is absurd or against public policy.
(modification of the literal rule but essentially with logic thrown in to it lol)
The mischief rule
otherwise known as the rule of Heydons Case, this rule involves an examination of the former law in an attempt to deduce Parliaments intention. (mischief here means wrong or harm).
The purposive approach
involves seeking an interpretation of the law which gives effect to tits general purpose.Its is based upon the mischief rule.
the teleological approach
requires that he spirit of the legislation, rather than merely its purpose, is considered. it is therefore much broader than the purposive approach.
important when considering EU law
Ejusdem generis
‘of the same type’
effectively consolidates list of items into manageable and logical parameters.
Noscitur a sociis
a word is ‘known by the company it keeps’
i.e keep the statute in context
Expressio unius est exclusio alterius
‘to express one thing is to exclude all others’
What is a legal presumption?
a concept or idea that is taken to be true by the law and always applying to certain circumstances or situations
e.g. against deprivation of liberty
what are intrinsic aids to interpretation, and how do they help?
things within the statute itself that help us understand the language being used. Simply encompasses basic elements of a statute like the short and long title, or more specific aids like marginal notes and the schedules found at the end of the statue.
Extrinsic aids to interpretation
any document or source that helps us understand a piece of legislation that is found elsewhere (as opposed to intrinsically in the statute).
e.g. The Interpretation Act 1978
e.g. a dictionary
