STATUTORY INTERPRETATION Flashcards
LITERAL RULE
Judge is required to state the natural, dictionary meaning of a word in statute.
FISHER V BELL
LR ADVANTAGES
Respects parliamentary supremacy
Highlights issues needed
LR DISADVANTAGES
Absurd results
Word evolve over time
GOLDEN RULE
An extension of the literal rule, more modern.
NARROW- There is ambiguity in the wording of the statute (ALLEN)
BROAD- No ambiguity but would cause absurdity (ADLER V GEORGE)
GR ADVANTAGES
Respects parliaments word
Prevents absurdity
GR DISADVANTAGES
Arbitrary power
Uncertainty
MISCHIEF RULE
Court will seek to interpret an act by looking at the gap in the law its trying to fulfil.
SMITH V HUGHES
MR ADVANTAGES
Promotes flexibility in law
Prevents absurdity
MR DISADVANTAGES
Arbitrary power
Uncertainty
PURPOSIVE RULE
Focuses on the purpose of the act as well as viewing the wording of the act.
JONES V TOWER BOOT
PR ADVANTAGES
Respects parliaments intention
Works in EU law
PR DISADVANTAGES
Arbitrary power
Uncertainty
INSTRINSIC AIDS
Clues within the statute which may help to make meaning clearer.
PREAMBLE SHORT/LONG TITLE SCHEDULES
PREMABLE
Helps to interpret by putting the act into context. An introduction.
SHORT/LONG TITLE
Helps to interpret the subject matter.
