Statutory Interpretation - Rules Flashcards
What is Statutory Interpretation?
Judges must interpret the law if it is not clear. They must try to ascertain what Parliament intended when the statute was passed. This process is called ‘Statutory Interpretation’.
What is the Literal Rule?
When the court use the words in the statute in a literal way. They will give the words their ordinary/usual meaning. Even when the results are absurd.
What is the Golden Rule?
It allows the court to depart from the Literal Rule to avoid an absurd or ‘repugnant’ outcome.
What is the Mischief Rule?
This rule works backwards and looks at what the statute was designed to remedy (the mischief it was aimed to resolve). It then adapts the words of the statute to achieve the same result.
What is the Purposive Approach?
