statutory interpretation Flashcards
the meaning of words may change over time
cheese man
literal rule
words should be given the ordinary dictionary meaning
Berriman
golden rule
if literal rule doesn’t work the meaning of the word may be altered to avoid that this,narrow and wide view
Allen
mischief rule
three stages
identify the problem
identify the remedy parliament was trying to put in place
ask what was the true reason for this remedy
smith
the value of the golden rule
this protects quotes faced with difficult question of interpretation from reading unjust decisions as it allows the judge to avoid absurd results
the value of the mischief rule
it recognises that to look only at words of statue is inadequate
how can parliaments intentions be found
intrinsic AIDS
clues to interpretation can be found in the statue itself
examples of intrinsic aid
-long and short titles
provides clues to meaning of words in act
examples of intrinsic aid
the preamble
introduction to act
examples of intrinsic aid
marginal notes and headings
summarise the effect of sections of an act
examples of intrinsic aid
interpretation sections
specifies exactly what meaning is to be given to a particular word or phrase
ejusdem generis rule
where a particular words are used in a statute on these words or followed by General words
Powell
expressio unius alterius rule
the mention of one thing excludes another
where there’s a list of words but no general words follow after them
Tempest
noscitur a sociis
a word known by the company it keeps words take on meanings from other words around them
Bromley
extrinsic aids
found outside in actual act
