lecture 5

Question 1

The Literal Rule

Answer 1

complies with the traditional view of the courts that their role is not to make or subvert the law but apply.
concentrates on words of the statute
apply them as written
assumption that parliament knew what they meant

Question 2

The Golden Rule

Answer 2

use if literal rule gives rise to “something that isn’t right”
inference- means of a word using the literal rule cannot, in reality, have been intended by parliament
courts look at other interpretations

Question 3

Mischief Rule

Answer 3

importance of words is less significant than the underlying reasons of why parliament legislated
language of statute not understood in modern day
what defect in the law was parliament intending to rectify

Question 4

The Purposive Approach

Answer 4

look for real evidence of the purpose of parliament
approach comes from the european courts
allows the court to move away from the text of the legislation and fill in the gaps

Question 5

Hansard

Answer 5

parliamentary debates
published daily on the internet and in hard copy
traditionally not allowed, expense and delay
not can be used to a limited extent by the court

Question 6

The HRA and Statutory interpretation

Answer 6

fundamentally altered approach taken by the court
primary leg and subordinate leg must be read in a way compatible with convention rights