Statutory Interpretation Flashcards
4 method of SI
Literal Rule
Golden Rule
Mischief Rule
Purposive approach
Literal rule definition
Words taken by their LITERAL meaning, even if its silly (Lord Esher)
Golden Rule definition
Same a literal rule without the silly outcomes
Case for literal rule
Berriman
2 Approaches to the Golden Rule
Narrow - Words w multiple meanings, court chooses most appropriate
Wide - Words with 1 absurd meaning, court chooses more suitable meaning
Case for Mischeif Rule
Heydon’s Case - Looks @ law before Act was made + intentions of the law
Purposive Approach
Same as mischief rule, but looks at the past AND FUTURE
Intrinsic Aids
Everything INside an act - preamble/notes/other sections
Extrinsic Aids
Everything outside of (EXternal) an Act, i.e. Hansard, Law commission reports & common law