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
