Statutory Interpretation Flashcards
3 rules
Literal rule
Golden rule
Mischief rule
Literal rule
Gives words their pain, ordinary, dictionary meaning
Case for literal rule
Whiteley v Chappell
Offence Impersonate any person entitled to vote
Pretended to be someone who was dead
NG
Case for literal rule
Berriman Railway worker killed doing maintenance Widow tried to claim ‘For the purposes of relaying or repairing it’ Claim failed
Golden rule is
Modification of literal rule to avoid interpretation that is absurd
Narrow golden rule
Choose between possible meanings of the word or phrase
Wider golden rule
Where Words only have one clear meaning
Leads to repugnant situation
Modify words of statute
Case for golden rule
Sigsworth
Son murdered mother
Estate inherited by her next of kin
Used to prevent repugnant situation
Mischief rule
Looks back to the gap in the previous law and interprets the act so as to cover the gap
Case for mischief rule
Smith v Hughes
Not been in street or public places
Women shout to men through windows
Clean up streets able to walk without bring molested
Purposive approach is
The courts look to see what is the purpose of the law passed by Parliament
4 advantages of literal rule
Follows wording of Parliament
Prevents unelected judge making law
Makes law more certain
Easier to predict how judges will interpret the law
3 disadvantages of literal rule
Not all acts are perfectly drafted
Have more than one meaning
Can lead it unfair or unjust decisions
3 advantages on golden rule
Respects words of Parliament
Allows judge to choose most sensible meaning
Avoids worst problems of literal rule
2 disadvantages of golden rule
Can only be used in limited situations
Not possible to predict when the courts will use it
3 advantages of mischief rule
Deals with mischief Parliament was trying to deal with
Fills in gaps in the law
Produces a just result
4 disadvantages of mischief rule
Can make the law uncertain
Limited to looking back at the old law
Not as wide as purposive
Risk of judicial law making
3 advantages of purposive approach
Leads to justice in individual cases
Allows for new developments in technology
Avoids absurd decisions
3 disadvantages of purposive approach
Difficult to find parliaments intention
Allows judges to make law
Leads to uncertainty in law
3 rules of language
Ejusdem Generis
Expressio unius
Noscitur a sociis
Ejusdem generis is
Where there is a list of specific words followed by general words
General words are interpreted in line with the specific words
Case for ejusdem generis
Allen v Emerson ‘Theatres and other places of amusement’ Decide if it applied to funfair Did come under general words Only one specific word
Expressio unius means
The express mention of one thing excludes others
No general words after list
Only applies to list
Noscitur a sociis means
A words is known by the company it keeps
Words looked at in context and interpreted accordingly
Looks at other words in same section
