Legal Research L4 - Legislation Flashcards
What is statutory interpretation? (1)
The process of determining what Parliament intended when it enacted a piece of legislation.
What is the literal rule? (3
Principally adopted by judges, it means that words in statute are given their ordinary, plain and natural meaning. Linguistics presumptions are an important aid for this method of interpretation.
What is the golden rule? (3)
Giving words in statute their ordinary signification unless when so applied they produce an inconsistency, or an absurdity or inconvenience so great as to convince the court that the intention could not have been to use them in their ordinary signification…to justify the court putting on them some other signification…which the court thinks the words will bear. Lord Blackburn.
Why was the golden rule developed? (1)
An overly literal application of words can sometimes lead to unintended consequences, so an alternative rule was devised to avoid the unnatural and sometimes absurd outcome from the literal rule.
Key case for the golden rule? (1)
Alder V George.
What is the mischief rule? (5)
It is the oldest rule and the courts must consider -
1. What was the common law before the making of the Act?
2. What was the mischief and defect for which the common law did not provide?
3. What remedy for the mischief has Parliament intended to provide?
4. What was the true reason for Parliament adopting that remedy?
What is the purposive approach and the key case? (3)
It is the most recent rule, which accurately reflects how modern judges approach their interpretative task - R V Secretary for Health Ex Parte Quintavelle.
What is the contemporary approach? (1)
A combination of the literal and purposive interpretations.
What will the courts also apply in addition to the general rules? (2)
Linguistic presumptions / maxim, the three most quotes are expressio unius, ejusdem generis and noscitur a sociis.
What is expressio unius and the key case? (3)
The express mention of one thing excludes its extension to others. Tempest V Kilner - sale of ‘goods, wares and merchandise’ over £10.00 must be evidenced in writing. The question for the court was whether stocks and shares came under this definition. Only three types of transactions were mentioned, only those were covered and shares were not.
What is ejusdem generis and the key case? (3)
Of the same kind, where general words follow a list of specific words, the general words are interpreted as to restrict them to the same kinds of objects. Powell V Kempton Park Racecourse - provision contained the phrase ‘ house, office, room or other place’, House of Lords held these were all indoor spaces so the general words other space would only refer to indoor areas.
What is noscitur a sociis and the key case? (3)
A word known by the company it keeps, words in statute are understood in the context of the statute itself. Inland Revenu Commissioners V Frere - the House of Lords considered the phrase ‘interest, annuities, and other annual payments’, and the word other implied the first two words were also annual and therefore the word interest was held to mean annual interest.
