statutory interpretation Flashcards
1
Q
reasons for interpretation
A
ambiguity (s.57 OAPA 1861 ‘marry’) drafting errors (fisher v bell) changes in use of language (DPP v cheeseman)
2
Q
literal rule
A
interpret law as it states don’t change it even if absurdity separation of power so can’t question parliaments intention whitely v chappell \+ follows separation of powers respects parliamentary sovereignty certainty easier for lawyers — absurd, unjust drafting errors
3
Q
golden rule
A
modification of literal rule 2 approaches: narrow - choose which meaning of the word to use (jones v dpp) wider - meaning is clear but they change it (Adler v george) \+ avoids absurdity parliamentary sovereignty wider helps achieve parliaments aim — 2 approaches = inconsistent no definition of absurd
4
Q
mischief rule
A
look at common law from before act was made to see what mischief they tried to remedy came from Heydons case Jones v Wrotham Park said 3 points find intention of remedy is apparent the law failed state extra words needed \+ no absurdity parliaments intention fills gaps in law — beyond authority judicial law making difficult for lawyers
5
Q
purposive approach
A
what parliament intended/wanted magor & st. mellons v Newport corporation R v secretary of state for health \+ justice avoids absurdity changes — may not know intentions uncertainty judicial law making
6
Q
rules of language
A
ejusdem generis - things of same type, e.g shades
expressio unius exclusion alterius - express mention of one thing excludes others, e.g lions and tigers
noscitur a sociis - related to other items, e.g (car) oil
7
Q
intrinsic aids
A
acts, titles, preamble, glossary \+law is clearer titles set out purpose - not all aids are in every act not always definitions headings by printer
8
Q
extrinsic aids
A
historical context \+ social context - outdated & overanalysed hansard (pepper v hart) \+ clear intentions - long, complex dictionaries of time \+ readily available exact meaning - subjective
