Statutory interpretation Flashcards
What does the literal rule state?
The literal rule states that words in a statute must be given their plain, ordinary, and literal meaning.
when applying the literal rule, what should be done if the words of a statute are clear?
If the words are clear, they must be applied, even if the intention of the legislator may have been different or the result is harsh or undesirable.
What is the role of judges?
Judges are not supposed to ‘make’ law but to interpret the law. They must follow the plain meaning of the statute’s words.
What is the concept of parliamentary sovereignty in relation to the literal rule?
Parliament is sovereign, and judges cannot declare an Act of Parliament unlawful. If Parliament dislikes the literal interpretation, it can amend the legislation.
What is the Golden Rule in legal interpretation?
The Golden Rule is an adaptation of the Literal Rule, allowing words to be given their ordinary meaning unless it leads to an absurd or totally obnoxious result.
What is the wider sense of the Golden Rule?
The wider sense of the Golden Rule allows for interpreting a statute in a way that avoids a result contrary to public policy or good governance.
What is the narrow sense of the Golden Rule?
The narrow sense of the Golden Rule is used when there is ambiguity or absurdity in the wording of the statute. It allows the court to choose the most appropriate meaning, but only within reasonable limits.
How is the narrow sense of the Golden Rule applied?
In the narrow sense, the court selects the more appropriate meaning of a word when it has more than one interpretation, avoiding an absurd or obnoxious result. It ensures the law is practical and possible to apply.
how should a statute be interpreted in the wider sense of golden rule?
The statute should be interpreted in a way that reflects its intended purpose, parliaments intended purpose.
What does the Mischief Rule require when interpreting a statute?
The Mischief Rule requires the interpreter to ascertain the legislator’s intention behind the statute.
What is the original meaning of the word “mischief” in the context of statutory interpretation?
“mischief” refers to “harm” or “wrong,” which is the defect in the existing law the statute was intended to remedy.
How does the Mischief Rule help in statutory interpretation?
The Mischief Rule helps the court to identify the “mischief” or problem in the existing law that the statute was designed to correct and interprets the statute accordingly
What is the Purposive Approach in statutory interpretation?
The Purposive Approach focuses on the purpose or intent behind a statute, interpreting it in a way that fulfills the law’s goals, even if it departs from the literal meaning of the words.
How has the UK’s membership in the EU influenced the Purposive Approach?
The Purposive Approach was influenced by the UK’s membership in the EU, especially through the European Communities Act (ECA) 1972, which required UK courts to interpret domestic law in line with EU law, often using a purposive method
What does the Purposive Approach encourage judges to consider?
The Purposive Approach encourages judges to consider the wider economic or social impacts of a statute when interpreting the law, ensuring outcomes align with the law’s purpose and achieve a just result.
