Legislation Flashcards
Revision
What is the definition of Statutory Interpretation?
The process by which courts determine the meaning of statutory provisions.
What are the four rules of statutory interpretation?
The Literal Rule, The Golden Rule, the Mischief Rule, the Purposive Rule.
What is the Literal Rule?
Words and phrases of a statue are given their natural, ordinary meaning or the primary or most obvious meaning.
What is the Golden Rule?
The courts consider the wording of a provision in the context of teh statue as a whole. the words of a provision, should be given their ordinary natural meaning. If arising to absurdity, courts can change the grammatical sense of the words to avoid contradiction or absurdity.
What is the Mischief Rule?
First adopted by Heydon’s Case in 1584. The court considers a) What is the common law before the Act? b) What was teh defect or mischief in the common law? c) What remedy did Parliament intend to provide? d) What was the reason for that remedy?
What is the purposive approach?
similar to the mischief rule, however, it is broader. It also aims to consider that the purpose may also be aimed at promoting social, economic or other benefits.
Which of these rules was traditionally used? And which of these rules is used today?
Traditionally, the Literal Rule, Today the Purposive Rule
How does Judicial Precedent affect teh courts and lawyers when applying these rules for interpretation?
There is no set rule as to when each approach should be used. In similar cases, at least where the facts of the case are similar to the facts of an earlier case, you should ordinarily follow the approach of these earlier cases.
List the four main categories of secondary aids to interpretation.
Presumptions relating to substance of legal rules, Presumptions govern how language used in statues should read, The statute itself, External sources
Give a few examples of Presumptions relationg to substance of legal rules.
a) A statute is not inteded to operate retrospectively unless clearly stated. b) Parliament does not intend to deprive an individual of their liberty unless clearly stated. c) Parliament will not interfere with a person’s private rights or property without compensation d) there will be no criminal liablity without proff of the necessary mens rea, e) criminal statues will be construed stricly in faour of the accued f) the Crown will not be bound g) The court’s jurisdiction will not be ousted 8) The courts jurisdiction.
