statutory interpretation Flashcards
the literal rule
this focuses on the plain and ordinary meaning of the words in a statute; it emphasises the literal interpretation of the law without thinking about the purpose behind it, helps ensure law is applied as it is wrote rather than interpretation.
the golden rule
narrow: allows for a departure from the literal meaning of words in a statute if the result would be absurd or inconsistent, it provides a more flexible approach as judges can modify the interpretation.
broad: allows judges to interpret the words in a statute in a way that aligns with the overall purpose of the law, even if it deviates from the literal meaning, this ensures law is applied in a fair and just manner.
the mischief rule
this focuses on identifying the problem [mischief] that the law was intended to remedy, this allows judges to interpret the words in a statute in a way that best achieves the legislative intent and purpose even if it means departing from the literal meaning which ensures the law is applied in a manner that addresses in underlying issues.
the purposive approach
focuses on determining the underlying purpose of a statute, judges have to look behind the literal meaning of a statute and consider broader context, this allows judges to interpret and apply the law so it aligns with its intended purpose even if it does not follow the literal interpretation, promoting fairness and justice.
