Statutory Interpretation^ Flashcards
Statutory Interpretation
the process by which courts interpret and apply legislation
- some words are unclear, judges resolve it
- had diff rules they apply
The Liberal Rule
first rule applied
used the dictionary meaning
The Liberal Rule AO3
+ consistent
+ accessible as people will know the decision
+ takes away judge’s power to change parliamentary words
- can lead to injustice
Berryman V North London Railway
the literal rule can lead to injustice
fixing the tracks needs a lookout, but not if you are oiling
Fisher V Bell
the literal rule can lead to injustice
because an invitation to trade was not an offer
R V Harris
the literal rule can lead to injustice
they said a stab, cut or wound needed an instrument, can’t bite it off
The Golden Rule
it’s only applied when the literal can cause an absurdity
apply second meaning to the word
Re Sigsworth
applied the golden rule to stop the inheritance going to her son who killed her
Adler V George
in the vicinity of the prohibited place also included being inside the prohibited place
The Mischief Rule
oldest rule
why was the act created
Haydon’s case
trying to avoid mischief by analysing statutes by seeking the true intent of the act makers
- intent for public good
Smith & Hughes
applied the mischief rule
created to avoid prostitution
Elliot V Grey
the mischief they tried to avoid was having unlicensed vehicle
Corkery V Carpenter
the licening act was intended to stop people from harming themselves, so they applied the mischief act
The Purposive Approach
what was the purpose of the act/ legislation
used in the European Court of Justice
mixture of all other rules combined
Pepper V Hart Lord Griffiths
the days have passed when the courts adopted a literal approach
