Statutory Interpretation Flashcards
What are the 4 rules
Literal
Golden
Mischief
Purposive
Describe the literal rule
Take the law as it is, take the plain and ordinary meaning
Victorian approach
Often use dictionary from time act was made to define words
Most common and least controversial rule
Cheeseman
LNER v berriman
Describe the golden rule
The judge will use the literal rule unless it leads to a unjust or absurd result
Wide approach: words are clear but lead to a absurdity so they alter the statute within context of the act e.g. Sigsworth
Narrow approach: words are ambiguous so the judge chooses and applies a meaning e.g. R v Allen
Describe the mischief rule
Used for reformed law only
Heydons case states you need to:
Find the common law at the time
The mischief with the common law
The remedy
Interpret act in a way where the mischief is covered and remedy is provided
Similar to the purposive approach
Gives judges most flexibility
royal college of nursing v DHSS
Smith v hughes
Describe the purposive rule
Similar to the mischief rule but not limited to reformed acts
Look at parliaments intention in creating the act and apply that in the act. Use extrinsic aids to find intention
Modern day approach
Broader approach than mischief rule
Jones v tower booth
Registrar genral ex parte smith
Adv and dis of literal rule
+Consistency
+limits time in court
+makes cases predictable
+not controversial
-leads to injustices
-rigid
-restricts development of law
-requires perfection in acts- impossible
Adv and dis of golden rule
+flexible
+avoid absurdities
+follows parliaments intentions
+ more democratic- follows society’s wishes as well as parls
- inconsistent
-judge has too much discretion
-rarely used- prefer certainty
-different interpretations of absurdity
Advs and dis of mischief rule
-can only be done on reformed laws
-judicial creativity
-judges reluctant to use
-uncertainty
+flexible
+saves time
+allows law to develop
+achieves parliaments intent
Advs and dis’s of purposive rule
+expresses parliaments intent
+modern and popular
+copes with unforeseen situations
+more flexible than other rules
-judicial creativity
-use of extrinsic aids
-judicial attitude- should be used?
-inconsistency
