PUBLIC LAW L4 - Sources of Law - STATUTORY INTERPRETATION Flashcards
Definition of statutory interpretation? (2)
The process of determining what Parliament intended when it enacted a piece of legislation, a task for judges.
What is the literal rule? (1)
Words used in statute are to be given their ordinary, plain and natural meaning.
What is the golden rule? (4)
We are to take the whole of statute together, giving the words their ordinary signification - unless when applied they produce an inconsistency, absurdity or inconvenience so great the intention could not have been to use them in their ordinary signification.
What is the role of the judiciary in terms of statutory interpretation? (1)
To interpret what Parliament intended by the words in legislation.
Why may judges need to apply so called linguistic presumptions? (1)
To aid their interpret of the meaning of statutory language.
What is the mischief rule? (1)
It aims to find out the defect or mischief that the statute was intended to remedy.
What has the mischief rule been replaced with?(1)
The purposive approach.
What is the purposive approach and what does it reflect? (3)
It is the most recent rule. It is a method of statutory interpretation that seeks to determine the purpose of the legislation that gives judges more flexibility to consider the wider social, economic and political context of the legislation. It reflects how modern judges approach their interpretative task.
What does expressio unius est exclusios alterius mean? (1)
The expression of one thing is to the exclusion of the other.
What does ejusdem generis mean? (1)
Of the same kind.
What does noscitur a sociis mean? (1)
A word is known by its associates.
