Statutory interpretation Flashcards
The literal rule
The judge uses the dictionary definition
The judge uses the dictionary definition
The literal rule
Examples of the literal rule being applied
- Cheeseman 1990
- Berriman 1946
The golden rule
The literal meaning of the word is still considered, but the judge is allowed to avoid an interpretation that would lead to an absurd result
The literal meaning of the word is still considered, but the judge is allowed to avoid an interpretation that would lead to an absurd result
The golden rule
Narrow interpretation of the golden rule
Judge chooses between alternative definitions
Judge chooses between alternative definitions
Narrow interpretation of the golden rule
Narrow interpretation of the Golden Rule case
Alder v George 1964
Alder v George 1964
Narrow interpretation of the Golden Rule
Wide approach of the golden rule
modify the words of a statute only to avoid an absurd result
modify the words of a statute only to avoid an absurd result
Wide approach of the golden rule
Wide approach of the golden rule case
Sigsworth 1935
Sigsworth 1935
Wide approach of the golden rule
When was the mischief rule first used?
Heydon’s case 1584
Heydon’s case 1584
When the mischief rule was first used
Mischief rule
The court considers what the law was before the Act was passed in order to find the gap that it was intended to cover, and will then interpret the act in a way that will cover this gap using intrinsic and/or extrinsic aids
The court considers what the law was before the Act was passed in order to find the gap that it was intended to cover, and will then interpret the act in a way that will cover this gap using intrinsic and/or extrinsic aids
Mischief rule
Synonym for the gap that Parliament intended to cover
Mischief
Mischief rule case
Royal College of Nursing 1981
The purposive approach is a complete contrast to what?
The literal rule
The literal rule is a complete contrast to what?
The purposive approach
The purposive approach
Judges decide what they believe Parliament meant to achieve and give effect to this purpose
Judges decide what they believe Parliament meant to achieve and give effect to this purpose
The purposive approach
Who often used the purposive approach?
Lord Denning
Purposive approach case
Quintavalle 2003
Quintavalle 2003
Purposive approach
S.3 of the Human Rights Act 1998
Legislation must be interpreted in line with the European Convention on Human Rights
Legislation must be interpreted in line with the European Convention on Human Rights
S.3 of the Human Rights Act 1998
Lord Denning often used what approach?
The purposive approach
Intrinsic aids
Judges use certain items within the statute to help make the meaning of some words clearer
Judges use certain items within the statute to help make the meaning of some words clearer
Intrinsic aids
Extrinsic aids
Items outside an act which may help a judge to find the meaning of the words in the act
Items outside an act which may help a judge to find the meaning of the words in the act
Extrinsic aids
Examples of intrinsic aids
- headings
- preamble
- interpretation sections
Examples of extrinsic aids
- pre-legislative documents
- previous Acts
- Hansard
- Academic publications
- Dictionaries of the time that the act was passed
- International conventions
Examples of pre-legislative documents that can aid interpretation
- green paper
- white paper
- Law Commission Reports
Black Clawson 1975
relaxed the rule to use the reports of law reform bodies
relaxed the rule to use the reports of law reform bodies
Black Clawson 1975
Pepper v Hart 1993
Allowed Hansard to be consulted
Allowed Hansard to be consulted
Pepper v Hart 1993
What is Hansard?
The debate in Parliament
Fothergill 1980
Allowed international conventions to aid interpretation
Allowed international conventions to aid interpretation
Fothergill 1980
Courts may use what act for guidance in interpretation?
Interpretation Act 1978
Interpretation Act 1978
provides guidance on interpreting statutory terms, containing definitions of words frequently used in legislation
What approach was accepted as the correct way to interpret European Law?
purposive
Why are judges more likely to interpret English law using the purposive approach?
It was often used to interpret European Union Law
