Statutory Interpretation Flashcards

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1
Q

What are the 4 types?

A

Literal rule
Golden rule (broad and narrow)
Mischief rule
Purposive approach

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2
Q

Literal rule?

A

Starting point
Gives a plain ordinary meaning even if result is not sensible
Can lead to ‘harsh decisions’

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3
Q

Literal Rule-Lord Esher

A

If the words of an Act are clear you must follow them even if they lead to obsurdity

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4
Q

Whiteley v Chappell

A

Not guilty of impersonating someone entitled to vote as dead person not entitled to vote

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5
Q

Berriman

A

Railway worker not ‘relaying or repairing’ train track so widow couldnt claim compensation

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6
Q

Definition of statutory interpretation

A

The process by which courts interpret and apply the law

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7
Q

Golden rule definition

A

Looks at literal meaning but can avoid a repugnant result

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8
Q

Narrow golden rule

A

Word is capable of different meanings so judge chooses meaning which avoids obsurdity

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9
Q

R v Allen

A

An offence to ‘marry’ while original undivorced spouse is alive. Court decided ‘marry’ means go through a ceremony or to end up legally married

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10
Q

Adler & George

A

Obstructing member of armed forces in vicinity of prohibited place. He was actually in so courts decided in was enough to avoid absurd result

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11
Q

Golden broad approach

A

Only 1 meaning but absurd to apply it

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12
Q

R v sigsworth

A

D murdered mother. Her son should get all her property. Courts decided this is repugnant

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13
Q

Mischief rule

A

looks at the gaps in the law prior to the act ‘suppress mischief’

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14
Q

Heydons case

A

Made mischief rule , consider what the Act was trying to fix in the common law

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15
Q

Smith v Hughes

A

Prostitutes hassled man from a balcony. An offence for prostitute to loiter or soliciting in a public place for the purposes of prostitution.Acts purpose to stop prostitution in public

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16
Q

the purposive approach

A

the judges decide what parliament meant to achieve, what the purpose of the act was

17
Q

smith

A

adoption act allows person to obtain birth certificate at 18-subject to conditions, not encouraging crime

18
Q

Quintavalle

A

House of Lords decided that embryos produced through CNR are covered by the Fertilisation & embryology act

19
Q

literal rule advantages

A

Parliament make law so it is right to apply the law exactly as it is written
Makes the law more certain so easier for lawyers to know the law and how it will be applied

20
Q

literal rule disadvantages with cases

A

Assumes every act is perfectly drafted which is not always possible to cover every situation
Whiteley v Chappell
Words can have more than one dictionary meaning Dangerous Dogs Act ‘type’
Unjust decision

21
Q

golden rule advantages

A

respects words of parliament

judge chooses a most sensible meaning

22
Q

golden rule disadvantages

A

only be used in limited situations

not possible to predict its use

23
Q

mischief rule advantages

A

deals with loopholes
fills in gaps
a just result

24
Q

mischief rule disadvantages

A

risk of judicial law making
not as wide as purposive
limited to review old law
uncertainty

25
Q

purposive approach advantages

A

justice in individual cases
allows new developments in tech
avoid absurdity

26
Q

purposive approach disadvantages

A

difficult to find parliaments intention
allows judge to make law
uncertainty

27
Q

intrinsic aids

A

The statute itself helps to make its meaning clearer

28
Q

extrinsic aid

A

outside the act which helps explain meaning of words

29
Q

Examples of intrinsic aids

A

Long title
Short title
Preamble in older statute
Interpretation section

30
Q

Advantage intrinsic

A

More likely to come to the interpretation that parliament intended
Burglary-states a building, definition applies to inhabited vehicle or vessel

31
Q

Disadvantage of intrinsic-inclusion

A

Not included in every statute
Most modern do not contain long preambles
Definitions not always included, uncertainty
Theft ‘dishonestly’ must be interpreted

32
Q

Extrinsic aids

A

Dictionaries of the time the act was passed. Cheese man ‘passenger’.
Historical setting
Earlier case law
Interpretation act 1978 masculine shall include feminine unless contrary intention

33
Q

Hansard

A

Official report of occurrence in parliament
Minister promoting bill & debates.
Only used if words are obscure or lead to an absurdity