Statutory Interpretation Flashcards
What are the 3 rules of statutory interpretation?
Literal rule
Golden rule
Mischief rule
Briefly explain the literal rule
The words of the act must be construed according to their LITERAL and grammatical meaning.
Give a case for the literal rule
Cheeseman v DPP
R v Judge or City of London
Briefly explain the golden rule
If the literal rule produces absurdity the court should look for another meaning of the words that avoids the absurd result.
Name the two types of application of the golden rule?
Narrow
Wider
What is the narrow application of the golden rule?
Courts can choose between meanings of words of phrases.
What is the wider application of the golden rule?
Courts can modify words in order to avoid absurd outcome.
Give a case for the golden rule
R v Sigworth
Alder v George
What is the point of law for Alder v George?
Narrow application of the golden rule to avoid absurd result
What is the point of law for R v Sigsworth
Golden rule can be used to prevent a repugnant situation
Briefly explain the mischief rule
Looks at the wrong that the act was intending to correct and then interpret the act in such a way that the gap is covered.
Give a case for the mischief rule
Smith v Hughes
Royal college of nursing v DHSS
What is the purposive approach?
What goes beyond the mischief rule, judges decide what they believe parliament was trying to achieve.
Give a case for the purposive approach
R v Registrar
R v Human Fertilisation and Embryology Authority
What is the ejusdem generis rule?
Where there is a list of specific words, followed by a list of general words, the general words are interpreted in line with the specific words.
