Rules Flashcards
What is the Golden Rule?
When the literal rule gives an absurd result that parliament could not have intended then the judge can substitute a reasonable meaning to words of the statute or the statute as a whole
What is the Literal Rule?
When the law is interpreted word for word by its literal or natural meaning even if they lead to absurdity
What is the ‘Narrow Approach’?
The golden rule can be applied narrowly. It is when a word has two possible meanings and the judge chooses a meaning to apply to the law to avoid absurdity.
What is the ‘wide’ approach?
When the golden rule is applied widely. If a word only has one meaning but this would result in an absurd result in particular circumstances, the Act does not apply
What is the ‘Mischief Rule’?
It was laid down in Heydon’s case. It is when the court look at the ‘mischief’ or crime that parliament was trying to prevent in the statute and interpret the law according to that
What is the purposive approach?
When judges determine the meaning of words and phrases in legislation to give effect to the intention of parliament
-not as restrictive as mischief rule - looks at the wider meaning of the statute as a whole instead of looking specifically what problem parliament was trying to address and interpreting the law to give effect to this.
