Sources of Law and Legal systems Flashcards
Interpreting a statute can be a daunting task for those not accustomed to doing so. There are three rules that we can apply to help us develop an understanding of the statute;
THE LITERAL RULE - This is self-explanatory and is the “plain-meaning” doctrine. What do the words mean? Is a pram a vehicle? What about a wheelchair, a skateboard or roller-blades? Can a radio-controlled model aircraft flying 50 metres above the park be said to be in the park?
THE MISCHIEF RULE - The principle behind this method is to ascertain as far as it is possible to do so exactly what “mischief” the statute was designed to prevent- see Smith v Hughes 1960 2 All ER 859 - This involves trying to get into the minds of the legislators (prior to a case called Pepper v Hart, the Courts were not allowed to consult Hansard to establish this).
THE GOLDEN RULE - If the first two rules fail to clarify the situation then one may have to resort to the golden rule, the guiding principle of which is, “look to the justice of the case” i.e. search for an interpretation that produces a fair outcome. The golden rule of statutory interpretation may be applied where an application of the literal rule would lead to an absurdity. The courts may then apply a secondary meaning (1876-77) L.R. 2 App Cas 743 River Wear Commissioners v Adamson; Re Sisgworth 1935 Cg 89- disinheritance of son’s estate for murder of intestate mothe
