Statutory Interpretation Flashcards
What are the three rules of Statutory Interpretation?
- Literal Rule
- Golden Rule
- Mischief Rule
What is the approach to Statutory Interpretation?
Purposive
What is the Literal Rule?
The statute is given its word for word dictionary meaning.
What cases are used as an example for the literal rule?
Whiteley v Chappel
LNER V Berriman
What is the Golden Rule?
The judge will follow the Literal Rule unless it produces an absurd result - then there are two outcomes
What are the two outcomes of the Golden Rule?
Wider and narrow application
Which case is used for wider application?
Adler v George
Which case is used for narrow application?
R v Allen
What must you do in the case of a narrow application?
Choose the least absurd meaning
What must you do in the case of a wider application?
Adapt the meaning
Explain the Mischief Rule
The mischief rule is outlined by Heydons Case
What are the three conditions judges consider as per the mischief rule?
1- What was the law before the new act
2- What mischief was parliament trying to remedy
3- What remedy was parliament trying to provide
What is a case used for the mischief rule?
Smith v Hughes
What is the purposive approach?
It asks ‘What was the aim or purpose of this new law regardless’
What are some cases that demonstrate the purposive approach?
Quintavalle Case
R v Registrar General ex parte Smith
What are some intrinsic aids?
- Long title
- Short title
- Preamble
- Headings
- Schedules
- Rules of language
What are some advantages of the literal rule?
- Respects democratic power of parliament (Whiteley v Chappel)
- Predictable outcome (Cheeseman v DPP)
What are some disadvantages of the literal rule?
- Assumes parliament drafts perfect laws (Whiteley v Chappel left a loophole)
- Can produce absurd and unjust results
What are some disadvantages of the literal rule?
- Assumes parliament drafts perfect laws (Whiteley v Chappel left a loophole)
- Can produce absurd and unjust results;[[[[[k
