statutory interpretation

Question 1

what is the golden rule?

Answer 1

narrow:lets the court choose between meanings if the wording in the act has multiple.
wider:this allows the court to look for intention through the wording of the act to avoid injustice that would’ve been apprehended through the literal rule

Question 2

what is the literal rule?

Answer 2

this is a rule that allows the court to only use the plain dictionary definition of the words in an act(starting point of all interpretation)

Question 3

what is the purposive approach?

Answer 3

lets the court decide what they think parliaments intention with making the act was and what they wanted it to achieve

Question 4

what are 3 advantages to the literal rule?

Answer 4

1. its closer cut to the original law
   2.makes the law more certain
   3.easier to predict how the judge will interpret the law

Question 5

what are 3 disadvantages to the literal rule?

Answer 5

1.can lead to absurd outcomes
2.not all acts are perfectly drafted and can have drafting errors
3.words can hace multiple meanings

Question 6

what are 3 advantages to the golden rule?

Answer 6

1.respects words of parliament
2.avoids great injustices that the literal rule would lead to
3.allows the judges to decide most sensible meanings of words in a statute

Question 7

what are 3 disadvantages to the golden rule?

Answer 7

1.can only be used in certain situations
2.creates uncertainty in the law
3.seen as a ‘feeble parachute’

Question 8

what are 3 advantages to the purposive approach

Answer 8

1.leads to justice in individual cases
2.allows for developments in technology
3.avoids absurd results

Question 9

what are 3 disadvantages to the purposive approach?

Answer 9

1.can be difficult to find parliaments intention
2.judicial law making
3.makes the law uncertain

Question 10

what is the mischief rule?

Answer 10

the mischief rule allows the court to look back on older cases and fill in gaps of what they might have missed

Question 11

what are 3 advantages to the mischief rule?

Answer 11

1.looks at the purpose of the law
2.fills gaps in older law
3.produces a just result

Question 12

what are 3 disadvantages to the mischief rule?

Answer 12

1.risk of judicial law making
2.makes the law uncertain and unpredictable
3.limited to looking back on old law

Question 13

give 3 examples of intrinsic aids

Answer 13

-interpretation section
-headings/marginal notes
-preamble

Question 14

give 3 examples of extrinsic aids

Answer 14

-hansard
-dictionaries
-law commission reports

Question 15

what rule/approach is used I the eu?

Answer 15

the purposive approach

Question 16

give 2 examples of cases that used the literal rule

Answer 16

• berriman v lner
  -whitley v Chappell

Question 17

give 2 examples of cases that used the golden rule

Answer 17

-adler v george
-re sigsworth

Question 18

give 2 examples of cases that used the mischief rule

Answer 18

-heydons case
-smith v hughes

Question 19

give 2 examples of cases that used the purposive approach

Answer 19

-r v ex parte registrar general
-pepper v hart

Question 20

what effect does the human rights act 1998 have on statutory interpretation

Answer 20

legislation if human rights apply to the case they must have effects put in place that correspond with the human rights