Statutory Interpretation Flashcards
What is Statutory Interpretation
How judges interpret the language used in Acts of Parliament.
Why is SI important?
- Act contains ambiguous words.
- Words used are too broad.
- Progress of tech means words may need to be considered in new light.
- Error in drafting.
Literal Rule
Judges use the exact meaning of words when interpreting statute, no matter how absurd the outcome.
Golden rule
Judges decide that literal rule produces absurd results when interpreting statute.
Mischief rule
Used to prevent the mischief an Act is aimed at.
Purposive Approach
Judges look to see what is the purpose of the law when interpreting a statute.
+ - of Literal rule
+ Respects parliamentary sovereignty.
- Assumes every act will be perfectly drafted.
+ - Golden rule
+ A way of avoiding worst problems created by literal rule while attempting to respect PS.
- No definition of an absurd result.
+ - Mischief rule
+ Responds positively to loopholes in the law.
- Judges going beyond authority by filling in gaps.
+ -Purposive Approach
+ Most likely lead to justice in individual cases.
- Judges cannot know what Parliaments intentions actually are.
What are internal aids?
- Intro text to help mischief/purposive approach.
- Notes in margin for explanation.
- Glossary of key terms.
External / Extrinsic aids
Historical context of the Act e.g. Offences Against the Person Act 1861 uses the word ‘grievous’; this is no longer in common usage, but it was when law was drafted. Previous commercial practice, treaties with international law.
