Statutory Interpretation Flashcards
What are the 4 types?
Literal rule
Golden rule (broad and narrow)
Mischief rule
Purposive approach
Literal rule?
Starting point
Gives a plain ordinary meaning even if result is not sensible
Can lead to ‘harsh decisions’
Literal Rule-Lord Esher
If the words of an Act are clear you must follow them even if they lead to obsurdity
Whiteley v Chappell
Not guilty of impersonating someone entitled to vote as dead person not entitled to vote
Berriman
Railway worker not ‘relaying or repairing’ train track so widow couldnt claim compensation
Definition of statutory interpretation
The process by which courts interpret and apply the law
Golden rule definition
Looks at literal meaning but can avoid a repugnant result
Narrow golden rule
Word is capable of different meanings so judge chooses meaning which avoids obsurdity
R v Allen
An offence to ‘marry’ while original undivorced spouse is alive. Court decided ‘marry’ means go through a ceremony or to end up legally married
Adler & George
Obstructing member of armed forces in vicinity of prohibited place. He was actually in so courts decided in was enough to avoid absurd result
Golden broad approach
Only 1 meaning but absurd to apply it
R v sigsworth
D murdered mother. Her son should get all her property. Courts decided this is repugnant
Mischief rule
looks at the gaps in the law prior to the act ‘suppress mischief’
Heydons case
Made mischief rule , consider what the Act was trying to fix in the common law
Smith v Hughes
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