statutory interpretation (p.1 s.a) Flashcards
what is a statute?
a law made by parliament, otherwise known as an act of parliament
what is statutory interpretation?
parliament make a law and judges apply it. in doing this, they create precedents for future cases to follow. statutory interpretation is a procedure which a judge works out the meaning of words in an act of parliament and how this apply to the act of the case before them
what is the literal rule?
the judge will give the words in the statute the ordinary and plain meaning
what case goes with the literal rule?
what is the golden rule?
if the literal rule causes an absurd result, the judge can take a more flexible approach to rectify the absurdity
what case goes with the golden rule?
what is the mischief rule?
it allows for a judge to look for the ‘mischief’ or the problem the statute was passed to remedy. it directs the judge to use extrinsic aids and look for parliament’s intention passing the act
what are extrinsic aids?
used for both the mischief and purposive approach, the judge will find an extrinsic aid outside the act
eg:
•dictionary’s/textbooks
•historical setting
what are intrinsic aids?
intrinsic aids are found within the act itself
eg:
•preamble
•headings
•title to the act
what is the purposive approach?
similar to the mischief rule. looks for the intention or aim of the act
what case goes with the purposive approach?
what are rules of language?
judges can use other words in the statute to help give meaning to specific words that require interpretation
what is ejusdem generis?
•a rule of language
•this means “of the same kind”. where specific words are followed by general words, the general words are limited to things of the same nature as the specific ones
what case goes with ejusdem generis?
powell v kempton 1899
•statute stated that it was an offence to use a “house, office, room or other place for betting”. the defendant was using a ring at a race course. the court held that the general term “other place” had to include other indoor places
what is noscitur a sociis?
•a rule of language
this means “a word known by the company it keeps”. words in a statute must be read in context of the other words around them
what case goes with noscitur a sociis?
