LAW Flashcards
statutory interpretation
what is statutory interpretation
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the literal rule
Words must be given their plain ordinary and literal meaning. If the words are clear they must be applied,even though the intention of the legislator may have been different or the result is harsh or undesirable.
case of the literal rule
Whiteley v Chappell
explain Whiteley v Chappell
In this case the court came to the reluctant conclusion that Whiteley could not be convicted of impersonating “än entitled person to vote “ and on a literal construction of the relevant statutory provision, the deceased was not “ a person entitled to vote”
the Golden rule
Words should be given their ordinary meaning as far as possible, but only to the extent that they do not produce an absurd or totally obnoxious extent.This rule is applied most frequently in a narrow sense where there is some ambiguity
case of the golden rule
Adler v George
explain the case of Adler v George
the court construed s.3 Official Secrets Act 1920 under which it is an offence to obstruct HM forces “in the vicinity of prohibited place” to include obstruction actually in a prohibited place.
the four principles of the mischief rule
- What was the law before the statute was passed?
- What was the mischief which was not remedied by existing law
- What remedy is given by the present statute
- What is the true reason for the remedy?
the case of the mischief rule
Corkery v Carpenter
explain the Cokerey v Carpenter case
under section 12 of the Licensing Act 1872 someone found drunk in charge of a carriage on the highway may be arrested without a warrant. In the case of Corkery v Carpenter, the Court took the view that the word “carriage” could include a bicycle for the purpose of construing the Act because it had been passed for the protection of the public and the preservation of public order
