Statutory interpretation Flashcards
What is statutory interpretation ?
A judges interpretation of a statute (parliamentary law)
Why is statutory interpretation needed ?
Because legislation may not cover certain specific circumstances so judges fill in these gaps with precedents
Why is there sometimes a dispute on the meaning of words in acts ?
Because of:
broad terms
ambiguity
drafting errors new developments
language changes
and dual meanings
What are the different rules of interpretation ?
The literal rule
The Golden rule
The mischief rule
The purposive approach
What is the literal rule, and what case shows this ?
Where judges give words their plain literal definition
Whitely v Chappell (1868)
What is the narrow golden rule and the case it was shown in ?
Courts have the freedom to choose from several possible meanings of words
R V Allen (1872)
What is the broad golden rule and what case shows this ?
When words have a clear meaning but following them could lead to a repugnant outcome
Re Sigsworth (1935)
What is the mischief rule and what case showed this ?
Looking at what common law didn’t cover, what the remedy was and the reason for it
Smith v Hughes (1960)
What is the purposive approach and what case shows this ?
Looks at the purpose of legislation and what parliament intended at the time
Jones v TBC (1997)
