Statutory Interpretation Flashcards
What are the 4 rules of statutory interpretation?
Golden Rule
Purposive Approach
literal Rule
Mischief Rule
What is the Golden rule?
When the statute is looked at in the literal way, unless it may manifest absurdity.
What is the Literal Rule?
When the statute is looked at in the literal way only considering the exact word that are written down.
What is the mischief rule?
This is when the issue that forced the statute to be created is looked at, and therefore allows for not just the meaning of words.
What is ejusdem generis?
same type, used when generalised terms are used after specific words.
What is expressio unis est exclusio alteris mean?
Taking the words at their expressed meaning and only what has been mentioned.
What is an intrinsic aid?
Things in a statute to help interpret the statute.
What are examples of intrinsic aids?
Long title
Short Title
Preamble
What are examples of entrinsic aids?
Dictionary
Interpretation Act 1978
Hansard
Law Reports
What are entrinsic aids?
Things that can be used to interpret statutes not contained within the statute itself.
What was the case of Smith v Hughes?
It used the mischief rule, and was determined that soliciting on the street was also considering the windows above the street.
