Statutory Interpretation Ch5 Y1 Flashcards
what are the three rules for statutory interpretation?
Literal Rule
Golden Rule
Mischief Rule
what is the literal rule?
when the definition from the oxford english dictionary from the year the act was passed is used
what case(s) illustrate the literal rule being used?
Whiteley v Chappell
or
LNER v Berriman
what is the golden rule?
using the literal rule, but the court can avoid an interpretation which would lead to an absurd or repugnant result.
What case(s) illustrate the golden rule being used
Adler v George
or
Re Sigsworth
What is the mischief rule?
where the court looks at why the law was introduced (ie, the mischief it was designed to cure) the courts then apply the law in line with that
What case(s) illustrate the mischief rule being used?
Smith v Hughes
or
Eastbourne council v Stirling
What is the purposive approach to statutory interpretation?
Where judges decide what parliament meant to achieve , and apply it in that way
This goes further than the mischief rule as the judges are deciding parliaments intentions
What case(s) illustrate the purposive approach being used?
R v ex parte smith
or
Quintavalle
what are classed as internal aids when interpreting legislation?
things within the statute itself
long title
short title
preamble
What are classed as external aids when interpreting legislation?
Previous acts on the same topic
historical setting
earlier case law
dictionaries of the time
Hansard
Law reform reports
What is Hansard
using debates in parliament to help interpret legislation
What case allowd hansard to be used in statutory interpretation?
Pepper v Hart
How does the Human rights act affect interpretation?
All legislation must be compatible with the right listed within the human rights act
What case(s) illustrate that the human rights act can affect statutory interpretation?
Mendoza v Ghaidan
or
Fisher v Bell