Statutory Interpretation Flashcards
- Rules of statutory interpretation: the literal rule, the golden rule and the mischief rul3. - The purposive approach - Aids to interpretation: rules of language, intrinsic and extrinsic aids. - Impact of European Union Law and the Human Rights Act 1998 on statutory interpretation - Advantages and disadvantages of the different approaches and aids to statutory interpretation
Statutory interpretation is:
judges interpreting statues or acts of parliament and applying it to cases in the way they believe parliament intended
The two main reasons that may make interpreting a statue difficult are:
- A_______ or v___ language
- A n___, u___ situation.
- Ambiguous or vague language
2. A novel, unforeseen situation.
DPP v Bull
The words “common prostitute” were considered as vague language.
The Act in question in the case of DPP v Bull was
section 1 (1) Street Offences Act 1959
The two types of aids are:
- i___
- e___
Intrinsic
Extrinsic
The five types of intrinsic aid are:
- The l____ t___
- P___
- S____
- I____ S___
- E________ M_____
- The long title
- Preambles
- Schedule
- Interpretation section
- Explanatory memorandum
A long title can help interpret a statue as it is
“the plainest of all guides to the general objectives of a statute.”
An example of a long title is one for the Abortion Act in which it says the act regards
“the termination of pregnancy by registered medical practitioners.”
A preamble is
A long introductory paragraph that sets out the purpose of the act in detail
A schedule is found at the end of an act and provides information in the form of
Illustrations and lists
An example of a schedule can be found in which act?
Hunting Act 2004
An interpretation section is a section in which
various words in the act are defined
An example of an act featuring an interpretation act is:
Law reform (Year and a day) Act 1996
The seven types of extrinsic aids are:
- The EU ____ __ _____ _____
- D___
- ____ Act ___
- Other A___
- Other c___
- Reports of the _____ commission and r___ commission
- H___
- EU convention on human rights
- Dictionaries
- Interpretation Act 1978
- Other Acts
- Other cases
- Reports of the law commission and royal commission
- Hansard
The Interpretation Act 1978 contains what
A list of words and phrases that are commonly used in acts.