Statutory Interpretation Ch5 Y1 Flashcards

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1
Q

what are the three rules for statutory interpretation?

A

Literal Rule
Golden Rule
Mischief Rule

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2
Q

what is the literal rule?

A

when the definition from the oxford english dictionary from the year the act was passed is used

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3
Q

what case(s) illustrate the literal rule being used?

A

Whiteley v Chappell
or
LNER v Berriman

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4
Q

what is the golden rule?

A

using the literal rule, but the court can avoid an interpretation which would lead to an absurd or repugnant result.

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5
Q

What case(s) illustrate the golden rule being used

A

Adler v George
or
Re Sigsworth

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6
Q

What is the mischief rule?

A

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

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7
Q

What case(s) illustrate the mischief rule being used?

A

Smith v Hughes
or
Eastbourne council v Stirling

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8
Q

What is the purposive approach to statutory interpretation?

A

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

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9
Q

What case(s) illustrate the purposive approach being used?

A

R v ex parte smith
or
Quintavalle

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10
Q

what are classed as internal aids when interpreting legislation?

A

things within the statute itself

long title
short title
preamble

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11
Q

What are classed as external aids when interpreting legislation?

A

Previous acts on the same topic
historical setting
earlier case law
dictionaries of the time

Hansard
Law reform reports

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12
Q

What is Hansard

A

using debates in parliament to help interpret legislation

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13
Q

What case allowd hansard to be used in statutory interpretation?

A

Pepper v Hart

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14
Q

How does the Human rights act affect interpretation?

A

All legislation must be compatible with the right listed within the human rights act

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15
Q

What case(s) illustrate that the human rights act can affect statutory interpretation?

A

Mendoza v Ghaidan
or
Fisher v Bell

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16
Q

What are the advantages of using the literal rule?

A

Follows the exact words parliament used
Creates certainty in law
Easier to know what the law is

17
Q

What are the disadvantages of using the literal rule?

A

assumption of perfectly worded legislation
words can have more than one meaning
Unjust decisions

18
Q

What are the advantages of using the golden rule?

A

provides an escape route if there is a problem with the law
can achieve sensible decisions

19
Q

What are the disadvantages of using the golden rule?

A

very limited use
no certainty as to if it may be used

20
Q

What are the advantages of the mischief rule?

A

Promotes the laws purpose
Likely to produce a just result
try to interpret the law in the way parliament meant it to work

21
Q

what are the disadvantages of using the mischief rule?

A

judicial law making
judges implementing their own views
leads to uncertainty
no certainty as to when its used

22
Q

What are the advantages of using the purposive approach?

A

justice in individual cases
allows the law to cover all situations
allows more discresion that the literal meaning, avoiding absurd rulings

23
Q

What are the disadvantages of using the purposive approach

A

judges refusing to follow the clear words of parliament
how can a judge know what parliaments intentions were?
uncertainty in law