Statutory Interpretation Flashcards
How are acts interpreted under the literal rule?
The words used in a statute are given their ordinary and natural meaning
What is the mischief rule?
Where judges can interpret the statute so that it effectively tackles the problem that Parliament want to deal with
Which case laid down the mischief rule?
Heydon’s Case in the 16th Century
What is the legal significance of the case of Pepper v Hart (1993)?
It overturned the rule against consulting Hansard (the parliamentary record) allowing courts to see what a Minister had said about a piece of legislation in order to decide what Parliament had decided
How do courts interpret statutes?
By using whichever rule will produce that result that they themselves believe to be just. This could coincide with their political preferences.
