Starutory Interpretation Flashcards
1
Q
What is the Literal Rule?
A
Courts will give words their literal meaning, or the dictionary meaning even if the result is not very sensible
2
Q
Name one of the cases used for literal rule
A
- R v Judge of the City of London Court
- Whiteley v Chappell
3
Q
What is the golden rule?
A
Starts by looking at the literal meaning but the court is allowed to avoid absurd outcomes
4
Q
What are the two approaches for Golden rule? And their definitions
A
- Narrow Approach
• Where the judge may only choose between the possible meaning - Broad Approach
• Where the words have one clear meaning, but may lead to an absurd outcome
5
Q
What are the 4 points for the Mischief Rule?
A
- What was the common law before the Act was introduced
- What was the mischief and defect for which the common law did not provide
- What was the remedy the Parliament hath resolve and appointed to cure the disease of the commonwealth
- The true reason of remedy
6
Q
What is the purposive Approach?
A
An approach in which courts look to see what is the purpose of the law
7
Q
What is internal?
A
Matters within the statute that may help make the meaning clearing
8
Q
What is external?
A
It has always been accepted that some external sources can help explain the meaning of an Act
