Statutory Interpretation Flashcards
When is statutory interpretation needed ?
• ambiguous
• outdated
• drafting error
What are the rules ?
• literal rule
• golden rule
• mischief rule
• purposive approach
What is the literal rule ?
• Give words plain and literal meaning even if result is absurd
• Whiteley V Chappel
- impersonating dead person, not entitled to vote
What is the golden rule ?
• modification of literal rule to avoid absurd result
• narrow or wide
• Re Sigsworth
What is the narrow golden rule ?
Court must choose between possible meanings and go with one or if there’s only one must use that
What is the wider golden rule ?
Where there’s only one meaning and judges can modify it
What is the mischief rule
• laid down in Heydons case (1584)
1) what was common law before act?
2) what was mischief in the law?
3) what remedy was parliament trying to provide?
4) what was reason for act?
What is the purposive approach?
• interpret unclear word/phrase in act of parliament to achieve parliaments aim
• Magor and st Mellons council V Newport
What are intrinsic aids ?
• in the act itself
-rules of language
- interpretation section
- schedules
- preamble
What are the rules of language?
• Ejusdem generis
• Expression unius est exclusio alterius
• Noscitur A sociis
Ejusdem generis
• where there’s a list of words followed by general words, general words are limited to same kind of items as words in list
• Powell V Kempton
Expressio unius est exclusio alterius
• express mention of one thing excludes others
• provides that where there’s a list of words followed by general words, act applies to only those specifically mentioned in list
• R V inhabitants of Sedgley
Noscitur A sociis
• a word is known by company it keeps
• involves looking at other words in same sentence
• Muir V Keay
What are extrinsic aids ?
• Things outside the act
- dictionary/textbook
- reports
- previous case law
- HANSARD
What is Hansard ?
• Daily record of parliamentary debates
• Search for aim/purpose of the statute
• use of Hansard prohibited in case of Davis V Johnson then limited in Pepper V Hart
