Legal Systems of England and Wales - Statutory Interpretation Flashcards
Literal Rule
Courts almost always look at the literal rule. Natural and ordinary meaning of word. If words in statute are clear they must be applied in the way they are written.
Golden Rule
Sometimes using the ordinary meaning of a word can give rise to absurd results. E.g. an offence to obstruct a member of the armed forces in the vicinity of base. Does that mean it’s not an offence to obstruct a member of the armed forces in a base? No.
Allows the Court to depart from the ordinary meaning of the word to avoid an absurd result.
Mischief Rule
What mischief was the statute designed to prevent? Court interprets the words to remedy that problem
Purposive Approach
Why does the statute exist? Interprets legislation in line with the purpose of the act. Looks at such things as content of debates and commons briefing papers
Expressio unius est exclusia alterius
Expression of one thing is the exclusion of another. If something is not expressly mentioned in a statute it is excluded
Noscitur a sociis
The word is interpreted by the company it keeps. When interpreting statute, courts consider the context in which a word is used, thereby using words in the same section of the statute to interpret the word in dispute.
Pari materia
Upon the same matter or subject. Applied where other statutes may assist with interpreting an ambiguity in the statute concerned. E.g. relying on the Adoption Act to assist with the interpretation of the word ‘parent’ in the Children Act
Ejusdem Generis
Of the same type. If a general word follows two of more specific words, the general word will only apply to items that are like the specific words used.
Intrinsic Aids to Interpretation
Aids to interpretation within the legislation. Must all be looked at before considering extrinsic aids
Extrinsic Aids to Interpretation
Feature outside of statute - e.g. dictionaries, explanatory notes and Hansard
