Statutory interpretation Flashcards
What is statutory interpretation
How judges work out the meaning of words in acts of parliament and see how this applies
Literal rule
The judge abided by the literal meaning of words at hand
Interpretation act 1978
Provides standardised rules for interpretations statues, ensures consistency in legal a
Language and application
CASE for literal rule
Fisher v bell 1961
Golden rule
Extend the meaning of the word to prevent an absurd result
CASE for golden rule
Alder v George 1964
Mischief Rule
Judges identify what mischief the act is trying to prevent
CASE for mischief rule
Smith v Hughes 1960
Purposive approach
Judge identifies the purpose of the act
CASE for the purposive approach
R v Z 2005
Extrinsic Aids
Found outside the act to find the meaning of words
Examples of extrinsic aids
Dictionary, Hansard, Human rights act 1998
CASE for Hansard
Pepper v Hart 1998
Intrinsic aids
Found inside the act eg preamble, headings
Esjudem generis
(“of the same kind”). When a general term follows specific ones, it includes only things of the same type.
Expressio rule
(“the mention of one thing excludes others”) If only specific things are listed, anything not mentioned is excluded.
Noscitur a Sociis
(“a word is known by the company it keeps”). A word takes meaning from surrounding words.
CASE for Esjudem generis
powell v kempton 1898
CASE for Expressio rule
Tempest v Kilner 1846
Noscitur a Sociis
Foster 1887
s3 Human rights act 1998
all legislation should be interpreted in compliance to human rights as far as it is possible
CASE for s3 Human rights ACT 1998
Ghaidan v Godin-Mendoza (2004): word “spouse” was reinterpreted to include same-sex partner.
