Statutory Interpretation Flashcards
Statutory Interpretation
process by which judges have to decide the meanings of words or phrases in Acts of Parliament or other legislation
Factors that cause wording of Acts to be uncertain
broad term/ changes in language/ Ambiguous words/ drafting or other error/ New developments
Literal Rule
Judge will give words contained in the statute their ordinary and plain meaning even if this cause absurd results.
Example of literal rule
Whiteley v Chappel
Golden Rule
Judge can take flexible approach to rectify absurdity of literal rule result
What can the courts take when considering statutes
Narrow or wide interpretation
Example of Golden Rule
Adler v George
Mischief Rule
Heydon’s case allows judges to look for mischief/problems in statute passed to remedy
Example of Mischief Rule
Elliot v Grey
Purposive Approach
Judges decide what parliament meant to achieve i.e the purpose
Example of Purposive Approach
Pepper V Hart
Lord Denning
Advantage of GR
Gives judges discretion and puts right absurdities caused by literal rule
Disadvantage of GR
Judges given power to interpret what is constitutionally the role of the legislators
Advantage of LR
Respects Parliamentary Sovereignty
Disadvantage of LR
Led to absurd results
