Statutory Interpretation Flashcards
5 reasons for Statutory Interpretation:
A broad term-several possibilities New Developments A Drafting Error Ambiguity Changes in the use of language
2 Pros of the Purposive Approach:
Discretion - avoid creating an absurd situation
Justice - Being broad allows for gaps in the law to be covered
3 Cons of the Purposive Approach:
Uncertainty in the law.
Difficult to discover the intention of Parliament.
Unelected Judges making law rather than using the words of Parliament.
Name the 3 rules of statutory interpretation:
Golden Rule
Mischief Rule
Literal Rule
2 Pros of the Literal Rule:
Follows the words used by Parliament.
Makes the law certain.
3 Cons of the Literal Rule:
Assumes every Act is carefully drafted.
Words may have more than one meaning.
May lead to an absurd situation.
2 Pros of the Golden Rule:
Respects the exact words used by Parliament.
Chooses the most sensible outcome.
2 Cons of the Golden Rule:
Limited in its use (only used in rare occasions).
Judges can change the meaning of a statute.
2 Pros of the Mischief Rule:
Promotes the purpose of the law, meaning the gap in the law is filled.
More likely to produce a just result.
2 Cons of the Mischief Rule:
Risk of judicial law making.
Uncertainty (impossible to know when judges will use the Rule / makes it hard for lawyers).
3 forms of extrinsic aids that weren’t always allowed:
Law Reform Reports
Hansard
European Directives
Advantage and Disadvantage of Hansard:
A- Makes words easier to understand as you can read the intentions of Parliament
D- Each word may not have been debated and it costs time & money
Advantage and Disadvantage of Law Reform Reports:
A- Outlines gaps in Acts of Parliament
D- Government does not have to accept reform recommendations
Name the 3 rules of Language and describe what they mean:
Expressio Unius Exclusio Alterius
Ejusdem Generis
Noscitur a Sociis
Give an example of the Literal Rule being used:
Whitely v Chappell 1868
Impersonating a dead person
