Statutory Interpretation Flashcards
1
Q
What is statutory interpretation
A
- Process by which judges decide what a statute means
2
Q
3 reasons why statutory interpretation is needed
A
- Ambiguous words (R v Allen)
- Impact of human rights (Chadian v Godin Mendoza)
- Words change meaning over time
3
Q
What are the 4 rules of SI
A
- Literal
- Golden
- Mischief
- Purposive
4
Q
What is the literal rule + lord and case definition
A
- Words are given their ordinary natural meaning
- R v Judge City of London, Lord Esher “must follow even if lead to absurdity”
5
Q
What is the golden rule + lord and case definition
A
- Where the result of applying the law leads to an absurdity which parliament would not have intended
- Lord Wensleydale (Grey v Pearson) “words can be modified to avoid absurdity but no further”
6
Q
What is the mischief rule + application case
A
- Where judge will look at what issue parliament was trying to solve
- Royal college of nursing v DHSS
7
Q
What was the definition case for the mischeif rule and what did it establish
A
Hendon’s Case - 4 Part test
8
Q
What is the purposive approach + application case
A
- Where judges look at what parliaments intent was with the law
- Jones v Tower Boot
9
Q
What are the three intrinsic aids to interpretation
A
- Interpretation section (R v Bogdan)
- Shot title & long title
- Rules of language
10
Q
What are the 3 rules of language
A
- Ejusdem Generis - judge looks for a list of specific words followed by a general word
- Expression units exclusion alterius - no general worlds therefore only include things in the list
- Noscitur a sociis - judge looks at the words in the context of the act, and interprets it accordingly
11
Q
What are 3 extrinsic aids to interpretation
A
- Dictionaries (helps interpret words)
- Law commission (can find intent)
- Hansard (Pepper v Hart - political document)
