Statutory interpretation. Flashcards
the literal rule
giving words their plain, ordinary, dictionary meaning
if the words of a statute are clear they must be applied even if the result is absurd or may cause hardship
the literal rule example
whiteley v chappel
electoral fraud, impersonating a dead person, not ‘entitled’ to vote
the golden rule
if the literal rule gives an absurd result, which parliament couldn’t have intended,
then a judge can substitute a reasonable meaning in the light of the statute as a whole
the golden rule example
r v allen, bigamy- cannot literally marry more than 1 person so statute is modified to include ‘shall go through a marriage ceremony’
the mischief rule
helps understand the purpose of law & how to apply it. court considers:
the law before the statute was passed
identifies the problem the law was intended to solve
interprets the law to address that problem
the mischief rule example
royal college of nursing v dhss-
an action of challenging the legality of the involvement of nurses carrying our abortions, aim was to prevent back street abortions
the purposive approach
goes beyond mischeif rule, court isn’t looking to see the gap in old law.
judges are deciding what they believe parliament mean to achieve- ‘the purpose of law’
the purposive approach
jones v tower boot- purpose of the law was to prevent ethnic minorities from suffering in workplace
employer had direct responsibility for this so should be held liable if not taken steps to prevent it
intrinsic aid
aids within the act
interpretation sections
preamble
long title of an act
heading of sections
extrinsic aids examples
aids outside the act
hansard
dictionaries
historical setting
older acts
treaties
what is an extrinsic aid
materials outside the statute that judges can use to help interpret the meaning of unclear or ambiguous legislation. These aids provide context and clarify Parliament’s intention.
