Rules of statutory interpretation Flashcards
What is the literal rule?
Where judges use the exact meaning of words when interpreting statute, no matter how absurd the outcome
What is a key case for the literal rule?
Whiteley v Chappell
Whiteley v Chappell
Offence to impersonate any person entitled to vote. D used dead mans vote. Dead people are not entitled to vote
What is the golden rule
Where judges decide that the literal rule produces absurd results when interpreting statutes
What do they do to the word with the golden rule?
Modify it
What is the key case for golden rule narrow?
Adler v George
What is the wide approach?
Where they modify the words
What is the narrow approach?
Where they pick between multiple meanings but if there is only one then they must stick with it
What is the narrow approach?
Where they pick between multiple meanings but if there is only one then they must stick with it
Key case of golden rule wide?
Re Sigsworth
Adler v George
Offence to obstruct member of armed forces in vicinity of a prohibited place. Defendant was IN prohibited place, rather than in vicinity
Re Sigsworth
Son murdered mother. No will. Son was to inherit. Golden rule applied and he inherited nothing.
What is the mischief rule
Rule to prevent the mischief an act is aimed at.
What is the key case for Mischief rule
Smith v Hughes
Smith v Hughes
Prostitutes cant solicit in public places. They were on balconies on private property.
