Statutory Interp Flashcards
Define the literal rule
The plain ordinary literal meaning even if it leads to a manifest absurdity
Who defined the literal rule
Lord esher
What is the case for literal rule and define it
Cheeseman V DPP
“ Passenger” meaning was “passed by” which the police were not as they were stationed to catch him
What is the golden narrow rule
If there are 2 meanings u can choose between them
What case was for the golden narrow rule and explain it
R v Allen
2 meanings of marry
1. To legally marry X
2. Go through a marriage ceremony
What is the golden Broad rule
One meaning but it leads to an unjust situation so avoid it
What is the case for golden Broad and explain it
R v Sigsworth
Son killed his mother but he was her only next of kin so he would of inherited her money meaning he benefited from his crime but this was avoided using the rule
What is the mischief rule
When a judge looks into why the parliament passed the act
What is the case for mischief rule and explain it
Smith V Hughes
Established in the Hayden case
Prostitute shouting from her window into men in cars and even though she wasn’t on the street it was illegal as she was still doing the “mischief”
What is the purposive approach
When parliament look into the purpose behind the act/ intention for it
What case was for the purposive approach and explain it
Royal college of nursing v DHSS
abortion could only be performed by doctors but further down like it could be done by a drug so as nurses could administer drugs they were allowed to do it as the act was to stop illegal/unsafe abortion
What is intrinsic aid
Things writhing the act that may help clear it’s meaning
Examples of intrinsic aid
- Short title
2.Long title
3the preamble
What is extrinsic aid
Things outside the act that help to clear its meaning
Examples of extrinsic aid
- Dictionary of the time the act was made
2.Hansard (record of debates in parliament)
