statutory interpretation

Question 1

Bennion parameters for drafting legislation

Answer 1

legal effectiveness
procedural legitimacy
timeliness
certainty
comprehensibility

Question 2

4 approaches to statutory interpretation

Answer 2

literal rule
golden rule
mischief rule
purposive approach

Question 3

literal rule

Answer 3

gives words ordinary meaning
whiteley v chapell- dead man voting in election
london v NE railway co v Berriman- relaying tracks
Fisher v Bell- knife on diplay

Question 4

golden rule

Answer 4

used when the literal rule creates an absurd result by interpreting a reasonable meaning
R v Allen- shall marry
Maddox v storer- minibus was adpated to
adler v george- in the vicinity of

Question 5

Mischief rule

Answer 5

what was the mischief that the law was trying to remedy
smith v Hughes- prostitution
Elliot v Grey- used on a road
Royal college of nursing v DHSS- registered medical prctitioner

Question 6

purposive approach

Answer 6

considers the true purpose of the legislation
pepper v Hart- taxes of teachers
Quintavalle v sos- embryos have rights

Question 7

ejusdem generis

Answer 7

general words are assumed to include only those of the same kind
Allen v emmerson- funfair being a place of entertainment

Question 8

noscitur a sociis

Answer 8

word takes its meaning from other words within the context
Bourne v norwich Crematorium- crematrium, bodies not goods or materials

Question 9

expressio unius est exclusio alterius

Answer 9

express mention of one specific thing infers exclusion of others
tempest v kilner- stocks and shares not inluded in goods, wares and merchandise

Question 10

intrinsic aid (founds inside the act)

Answer 10

short title
long title
preamble
headings and marginal notes
interpretation sections
scheduels

Question 11

extrinsic aids (outside the act)

Answer 11

interpreation act 1978
dictionaries- R v Fulling
other statutes
judicial precedent
preparatory works
parliamentary debates
explanatory notes