Statutory Interpretation

Question 1

What is the Literal Rule?

Answer 1

Literal meaning of words in act by looking up in dictionary

Example: Whiteley v Chappell

Question 2

What is the Golden Rule?

Answer 2

Can avoid interpretation from literal rule if absurd result

Narrow + Wide approach

Question 3

What is the narrow approach?

Answer 3

2 meanings- one produces absurd result, can choose between

Adler v George

Question 4

What is the wide approach?

Answer 4

Words have one clear meaning, but makes absurd result. Judge can alter to give effect to Parliament’s intentions

Re Sigsworth

Question 5

What is the Mischief Rule?

Answer 5

Heydons Case: -What was common law before act? -What was mischief/defect common law didn’t provide? -What was Parliament’s solution? -What’s the true reason for the fix?

Question 6

What is the Purposive Approach?

Answer 6

Give effect to general intention, not just what the gap was in the law

Question 7

What did Mounsel v Ollins add?

Answer 7

Purposive approach 2 tier test: Purpose of legislation. Interpret words according to the purpose

Question 8

What extrinsic aids are used for Statutory Interpretation?

Answer 8

Dictionaries, Hansard, Law commission reports, Relevant acts of parliament, Interpretation Act - defined commonly used terms (e.g he = she), Textbooks + works of leading academics, Explanatory notes, Relevant international treaties/conventions, Historical Setting