statutory interpretation Flashcards
literal rule definition
plain ordinary and literal meaning, can lead to absurd results.
literal rule case + act
Cheeseman v dpp, town and police clauses act
c v d case facts
masturbated in a bathroom police went to catch him in the act but law states willfully and indecently exposing himself to passengers. Police were not passengers, not guilty
advantages of literal rule
respectful to parliament that there supreme because it follows the law exactly,
easy and quick to apply
disadvantages of literal rule
words have more then one meaning so several outcomes
unfair and unjust decisions
golden rule definition
starts with literal rule but if the word leads to an absurd result the golden rule can be used
what are the two golden rule approaches
narrow and broad
whats the narrow approach of the golden rule
word has more then one meaning so judge can choose
narrow approach case?
R v Allen
R v Allen case facts
The word Marry had two meanings a man had several wife they held that the word ‘marry’ should be interpreted as ‘to go through a marriage ceremony’
what’s the wider approach of the golden rule
words have one meaning but would lead to a repugnant situation, they tweak/ alter it so it works
Wider approach case?
Re Sigsworth 1935
Re Sigsworth case facts
A son killed his mom for the money as she had not got a will he would be her next of kin the courts changed it so he wouldn’t get the money.
Golden rule advantages
respects parliament still uses there words
avoids repugnant situations
Golden rule disadvantages
limited use, rare occasions
depends on judge
what’s the mischief rule
flexibility looks at why parliament passes the law what was the gap they were trying to fill
Mischief rule case
Smith v Hughes 1960
Smit v Hughes case facts
Street offences act 1959, proustite’s’ couldn’t solicit on the street one woman was harassing’s on her balcony, parliament wanted to stop harassing’s
mischief advantages
more flexible freedom
just results
mischief disadvantages
risk of judicial law making goes against parliament
hard to advise clients on
purposive approach
purpose/reason what was the act trying to achieve
purposive approach case
Royal collage nursing v DHSS 1981
Royal collage nursing v DHSS 1981 facts
Abortion act 1967 stated only legal if registered medical practioners preformed them(doctor) a nurse did it would of been illegal
purposive advantages
helps cover new situations, societal changes
freedom
