Statutory Interpretation - Paper 2 Flashcards
What is it - the rules and aids to interpretation - evaluation of interpretation
Define statutory interpretation:
it is the process by which judge’s read and apply statutes.
Give the three reasons that explains why statutory interpretation necessary:
- Ambiguity and complexity of language
- Changes over time
- Unexpected scenarios
Name the four rules of interpretation:
- Literal rule
- Golden rule
- Mischief rule
- Purposive approach
What is the literal rule?
It requires judges to interpret the words of a statute using their plain, ordinary and natural meaning even if it results in an absurd outcome.
Give the case study for the literal rule:
Cheeseman V DPP
What is the golden rule?
When the literal rules leads to an absurd result the golden rule allows a court to depart to help avoid absurdity.
Give the two ways that the golden rule can be applied:
1) Narrow approach this is when the court can modify the meaning of words to avoid absurdity but staying within the scope of the statute.
2) Wide approach
This is when the literal rules leads to a repugnant result so the court can depart from its literal meaning all together.
What is the mischief rule?
It is a method of interpreting statutes that looks beyond the exact wording of a statute.
What are the four questions from Heydon’s case?
1 - What was the common law before the statute?
2 - What was the mischief for which the common law did not provide?
3 - What remedy has parliament resolved and appointed to cure the defect?
4 - What is the true reason of the remedy?
Name the case study for the mischief rule:
Smith V Hughes
What is the purposive approach?
This goes beyond the mischief rule and so instead of looking at gaps in the law the judiciary are considering what parliament meant to achieve.
(it focuses on the law’s overall purpose or intent)
Give the two aids of interpretation:
1) Intrinsic
2) Extrinsic
Name an intrinsic aid:
The theft act - The preamble
Name the extrinsic aids:
1 - Hansard
2 - reports of the law commission
3 - dictionaries
4 - historical settings
5 - interpretation act 1978
6 - international treaties
What is Hansard?
It is the official transcript of debates in Parliament. It is used to understand the intent behind a statute.
