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Law > Statutory Interpretation > Flashcards

Statutory Interpretation Flashcards

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1
Q

Three rules regarding statutory instruments?

A

Literal Rule
Golden Rule
Mischief Rule

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2
Q

Definition of the Literal Rule?

A

Gives words their plain ordinary or dictionary meaning

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3
Q

Example of the Literal Rule?

A

Berriman

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4
Q

Advantages of Literal Rule?

A

Follows wording of Parliament
Prevents unelected judges making law
Makes the law more certain
Easier to predict how the judge will interpret the law

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5
Q

Disadvantages of the Literal Rule?

A

Not all Acts are perfectly drafted
Words have more than one meaning
Can lead to unfair or unjust decision

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6
Q

Definition of Golden Rule?

A

Modification of the literal rule and avoids an interpretation that is absurd

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7
Q

What are the applications of the Golden Rule?

A

Narrow Application
Wider Application

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8
Q

Definition of the Narrow Application of the Golden Rule?

A

Court choose between possible meaning of the word or phrase

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9
Q

Example of Narrow Application of the Golden Rule?

A

Adler v George

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10
Q

Definition of Wider Application of the Golden Rule?

A

Words have one clear meaning but would lead to a repugnant situation

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11
Q

Example of Wider Application of the Golden Rule?

A

Re Sigsworth

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12
Q

Advantages of the Golden Rule?

A

Respects the words of Parliament
Allows the judge to choose the most sensible meaning
Avoids the worst problems of the literal rule

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13
Q

Disadvantages of the Golden Rule?

A

Can only be used in limited situations
Not possible to predict when the court will use it
Feeble Parachute - escape route but cannot do much

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14
Q

Definition of Mischief Rule?

A

Looks back to the gap in the previous law and interprets the Act to cover the gap

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15
Q

Example of Mischief Rule?

A

Smith v Hughes

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16
Q

Advantages of the Mischief Rule?

A

Promotes the purpose of the law
Fills in the gap in the law
Produces a “just result”

17
Q

Disadvantage of the Mischief Rule?

A

Risk of judicial law making
Not as wide as the purposive approach
Limited looking back at the old law
Can make the law uncertain

18
Q

What approach is used to interpret EU Law?

A

Purposive Approach

19
Q

Definition of the Purposive Approach?

A

R v Registrar - General, ex parte Smith

20
Q

Advantages of the Purposive Approach?

A

Leads to justice in individual cases
Allows for new development in technology
Avoids absurd decision

21
Q

Disadvantage of the Purposive Approach?

A

Difficult to find Parliaments intention
Allows judges to make law
Leads to uncertainty in the law

22
Q

Internal Aids for Statutory Interpretation?

A

Statue itself
Preamble - statement
Interpretation Section
Parliamentary Debates

23
Q

Case regarding Internal Aids?

A

Shah and Shah

24
Q

External Aids for Statutory Interpretation?

A

Previous Acts of Parliament on the same topic
Historical Setting
Earlier Case Laws
Dictionaries of the time

25
Q

Case for dictionaries for External Aids?

A

Cheeseman v DPP

26
Q

Other Relevant External Aids for Statutory Interpretations?

A

Hansard - is the official report of what was said when the Act was debated

Reports of Law Reform Bodies

International Conventions, Regulations and Directives

27
Q

Case regarding Hansard?

A

Pepper v Hart

28
Q

What was stated in Pepper v Hart about Hansard?

A

Hansard can only be used in limited ways

29
Q

Statutory Interpretation regarding the Human Rights Act 1998?

A

Legislation must be read and given effect in a way which is compatible with the rights of the European Convention on Human Rights

30
Q

Case regarding Human Rights and Statutory Interpretation?

A

Mendoza v Ghaidan

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