Statutory Interpretation Flashcards
Ejusdem generis
List followed by general words than general are interpreted.
Experssio unius est exclusio alterius
No general words after the list then only the words in the list are interpreted.
Noscitur a sociis
Words are interpreted using the words around them and the act as a whole.
Literal rule explanation
Follow the act word for word in their plain definition even if it leads to an absurd outcome.
Advantages of Literal Rules
> Respects Parliamentary sovereignty
Quick and easy decisions
Certainty in law
Disadvantages of Literal Rule
> Can lead to absurd and unjust outcomes
Assumes unattainable perfection in draftsmanship
What happens if words have more than one meaning.
Explanation of The Golden Rule
This is where a judge usually follows the literal rule except when that would cause an absurdity .
Narrow approach is where the judge will choose between two meanings if a word. R v Allen
Broad approach is where the judge will infer meaning. Adler v George
Advantages of The Golden Rule
> The golden rule can help prevent absurdity and injustice caused by the literal rule
Helps the courts to put into practice what Parliament really means.
Respects Parliamentary sovereignty
Disadvantages of The Golden Rule
X Difficulties with the definition of an “absurd result”
X Will judges always pick the meaning parliament intended?
X Does it respect Parliamentary supremacy?
Explanation of The Mischief Rule
Heydon’s Case = 4 questions judges ask to work out the mischief. The oldest rule. The court looks to see what the gap or ‘mischief’ is missing from the law that the act was meant to cover. Smith v Hughes.
Advantages of The Mischief Rule
> Avoids absurdity and injustice
Promotes flexibility, social, economic and technological changes.
Law Commission, “a more satisfactory approach”
Disadvantages of Mischief Rule
X Finding the intention of parliament is hard.
X Judges could make decisions based on their conscience. Parliament’s supremacy is not respected.
X Judges could disagree as to the intention of Parliament leading to inconsistency.
Explanation of The Purposive Approach
The modern rule. Judges try to decide what Parliament intended and to interpret the law accordingly. This is a less traditional view and is favoured in European Court of Justice. R v Registrar general ex parte Smith or Jones v Tower Boot
Advantages of The Purposive Approach
> Judicial discretion as a means to promoting the purpose of the legislation
Allows for social, economic and technological change
EU also use it
Disadvantages of Purposive Approach
X Lord Simons described “filling the gaps” as a “naked usurpation of judicial function” Judges don’t have to right to make law!
X Allows too much freedom for judges to express their morality
X Does not respect parliamentary Supremacy
