STATUTORY INTERPRETATION Flashcards
LITERAL RULE
Taking the statute by its most basic and literal meaning. Respects parliamentary sovereignty BUT can often lead to absurd results. E.g. Fisher v Bell
GOLDEN RULE
When the literal rule produces an absurd result, the Judge can substitute a reasonable meaning to remove the absurdity. Helps to prevent absurdities, but it is up to the interpretation of the judge as to what counts as an ‘absurdity’. Adler v George
MISCHIEF RULE
Judges consider the state of the law before this statute was passed, what the mischief was that Parliament were trying to remedy, and what remedy they were trying to provide. Laid down in Heydon’s Case 1584. Helps avoid absurdity and uncertainty, but outdated. Smith v Hughes
PURPOSIVE APPROACH
Doesn’t look at the gap in the law or the mischief, instead looks at what Parliament’s purpose was, what they meant to achieve. Laid down by Lord Denning. More creative and effective approach, but Judges can be argued to be taking the law into their own hands. Jones v Tower Boot
INTRINSIC AIDS
Long title, short title, preamble, headings. Also RULES OF LANGUAGE
RULES OF LANGUAGE - EJUSDEM GENERIS
If a general word follows specific terms, then the general word will be of the same category as the specific ones. E.g. ‘Cats, dogs and other animals’ - ‘Other animals’ would refer to domestic animals, not wild ones.
RULES OF LANGUAGE - EXPRESSIO UNIUS EST EXCLUTIO ALTERIUS
When a specific word is mentioned, it excludes all others. E.g. ‘Persian cats’ excludes all other breeds of cat.
RULES OF LANGUAGE - NOSCITUR A SOCIIS
A word draws meaning from those around it. E.g. ‘Cat basket, toy mice and food’ - ‘Food’ implies cat food, not dog food.
EXTRINSIC AIDS
Dictionaries. Interpretation Act 1978 outlines common principles around interpreting words - for instance, ‘he’ means ‘they/she’. Hansard can be used to look at Parliament’s original intention under Pepper v Hart
