Statutory Interpretation Flashcards
What is the Literal Rule
This is where the judges take the exact meaning of the words in the statute, no matter how absurd the result.
Lord Reid said “we are seeking not what parliament meant, but the true meaning of the words they used”
What is the golden rule?
This is where judges decide that the literal rule produces an absurd result when interpreting the statute.
Lord Wensleydale said “The ordinary sense of the words is to be adhered to unless that leads to an absurd result”
What is the mischief rule?
A rule that is used to prevent the mischief an act is aimed at.
It looks at the gap in the law and fills the gap to fill its purpose
What is the Purposive approach?
The judge looks at the purpose of the law when interpreting the statute.
This is favoured by the Law commission and the EU
What are intrinsic aids?
These are aids inside the act such as; introductory text, long title, which make help with that mischief rule or purposive approach.
Explanatory notes
A glossary
What are extrinsic aids?
These are aids outside of the act that help the judges interpret the legislation.
The historical context
Dictionaries and textbooks
Hansard
The interpretation act
Impacts of eu Law on statutory interpretation
The purposive approach is preferred by most EU countries when interpreting their own legislation. It is also used by the ECJ to interpret EU Law
Impact of Human Rights Act on Statutory interpretation
Section 3 of the Human Rights act states that
