Sources of Law Statutory Interpretation Flashcards
What is statutory interpretation?
Judges interpreting what parliament intended in the statute
What are the 4 tools to judges to assist with interpretation?
RULES of SI
RULES of Language
PRESUMPTIONS of SI
AIDS to SI (construction)
Who drafts most of the statutes?
Office of the Parliamentary Counsel
What is the primary role of a Judge?
To apply the law
If the law is unclear what do Judges need to do?
Interpret the Law
What are the 4 rules of statutory interpretation?
The Literal Rule
The Golden Rule
The Mischief Rule
The Purposive Rule
What is the literal rule?
Where the judge gives the words their literal meaning
What is the golden rule?
If the literal rule gives rise to absurdity they can rectify this to make sense
What is the mischief rule?
Allows the courts to interpret the meaning of a word differently ‘the mischief’ I.e fill in a gap of the literal rule
What is the purposive approach?
Courts consider the purpose of the Act when interpreting the meaning of a provision within the statute.
What is the leading case of the purposive approach?
Pepper v Hart
What did Pepper v Hart do?
Allow the use of Hansard (records of Parliament debate) when specific criteria is satisfied
What is the rule of language?
Rules that apply to interpretation of vague or unclear words
What is ejusdem generis?
Of the same type
What is expressio units eat exclusion alterius?
To express one thing is to exclude others
What is noscitur sociis?
Known by the company it keeps
What are 4 presumptions applied?
- Statutes do not change the common law
- Mens rea is required in all criminal cases
- Crown is not bound by any statute
- Statutes do not apply retrospectively
What two aids are used in interpretation?
Internal/intrinsic aids
External/extrinsic aids
What are aids to statutory interpretation?
Aids that judges may use to assist them in interpreting a statute
Internal aid examples?
Short title
Long title
Preamble
Marginal notes
Punctuation
Schedules
Examples in an act
External aids to statutory interpretation
Dictionaries
Interpretation Act 1978
Explanatory notes
Hansard
Academic writings
Treaties & Conventions
Can a presumption be rebutted?
Yes by the act
What is Hansard
Official report which has been debated in parliament
What is the 3 criteria for Hansard?
Must be obscure or absurd or ambiguous
Must be statements made at the debate
Must be clear statements to assist the relevant legislation
All three must be satisfied
