Statutory Interpretation Flashcards
“Statute law consists of this words that parliament has enacted. It is for the courts to construe those words and it is the courts duty in so doing to give effect to the intention of parliament in using those words”
Parliamentary intention
“It is a crime for a woman to solicit in a street or public place” is it okay on a first floor balcony or still guilty of crime?
Mischief rule
“If words of an act are clear then you must follow then even though they lead to and manifest absurdity”
Literal rule
“Judges may depart from the literal meaning of words if this is necessary to avoid a manifest absurdity”
Golden rule
“Seeks to look for the purpose of the legislation before interpreting the words”
The purposive approach
Adding a comma can change the meaning
Grammar
Comma abolished purgatory
Biblical examples
Noscitur a sociis
Conventions
Examples of internal aids
Short title, long title, the preamble, headings, side notes ect
Examples of external aids
Dictionaries, technical journals, explanatory notes, official reports ect