Statutory Interperation Flashcards
Why do judges use statutory interpretation:
Because the meaning of the statue is not clear or explicit
What’s the literal rule
Give words their every day meaning
What’s the golden rule
If literal rule creates absurdity look for another meaning which avoids that result
Whats the mischief rule
Look at the gap or mischief the act was intended to address
What is a purposive approach
Look at what parliament meant to achieve
What Does the judge do with the literal rule
They are reluctant Tod do anything other than apply the ordinary meaning of the word.
What does lord Diplock state
“if what is thought to be the injustice results from the terms of the act itself, the remedy is for parliament to amend the act
Whats happen in whitely v chappel 1868 dead man
D used a vote of a dead man. Statute relating to voting rights required a person to be living on order to vote. D impersonated someone who was on the electoral register but who had died before the election.
Whats the legal principle of Whitely v chappel 1868
A statute was made that it was offence ‘to impersonate any person entitled to vote.’ He was acquitted as deceased persons had no right to vote in the election
What happens if there is absurb result when using literal rule
They use the golden rule
Example of the golden rule
Re Sigsworth 1935
What happen in Re sigsworth 1935
A son murdered his mother. She had not made a will. Under the state setting the law in intestacy he was her issue and stood to inherit her entire estate
Whats the legal principle of Re sigsworth 1935
The court applied the golden rule holding that an application of literal rile would lead to a repugnant result. Meaning he was entitled to nothing.
What happening in royal college of nursing v DHSS 1981
They challenging the legality of the involvement of nurse in carrying out abortion. OAPA 1861 made it offence for any person to carry out an abortion. Abortion act 1967 make it an absolute defence for medically practitioner can carry out abortion.
What was the legal principle of royalty college of nursing v DHSS 1981
It was legal w=for nurses to carry out abortion. The act was aimed at doing away with backstreet abortion where no medical care was available. The actions of the nurses were the therefore outside the mischief.
