Statutory Interpretation - Paper 2 Law Making

Question 1

Define Statutory Interpretation

Answer 1

The process of interpreting an Act of Parliment (Statue(

Question 2

Why is Statutory Interpretation used

Answer 2

Many ambigous words are used
- Makes it hard to clearly define what the Law is
- Term may be too broad, and have multiples meanings

Question 3

What are the 3 rules

Answer 3

Literal Rule
Golden Rule
Mischief Rule

Question 4

What is the Literal Rule

Answer 4

• The word of the statute is used in its ordinary meaning.
• It will be read as written and not interpreted
• Berriman Case reference (Wasn’t repairing track)
• Cheeseman v DPP Reference (Public Masterbation, Passenger)

Question 5

What is the Golden Rule

Answer 5

• Used to prevent inconsistency when interpreting an Act
• Adler v George Reference (In the vicinisty)