Statutory Interpretations Flashcards
What are the three rules
- Literal rule
- Golden rule
- Mischief rule
what is the literal rule definition
give word their plain or ordinary meaning from the dictionary
Case for literal rule
Whiteley v Chappell (voted on someone’s name who was dead, not guilty since a dead person is not entitled to vote )
What is the golden rule ?
modified version of literal. Looks at the literal meaning but are allowed to lol at interpretation to avoid absurdity
narrow application of golden rule
words or phrases if there is only one meaning
narrow application of golden rule case
Alder v George
Wider application of golden rule
words have one clear meaning but could result in absurdity.
so used golden rule to modify it
wider application of golden rule case
Re Sigsworth
what is the mischief rule?
looks at the gap between common law and act of parliament to interpret the mischief gov are trying to prevent
Mischief rule cases
Royal collage of nursing v DHSS
Smith v Hughes
Strength of Mischief rule
leads to less absurdity
allows law to be interpreted with all the new development in tech
disadvantage of mischief rule
judges should simply interpret what is there and not make amendments
what is the purposive approach ?
judges decided what parliament intended to achieve with the law
purposive approach case?
Jones V Tower Boot Co
Strength + Weakness of Purposive Approach
+can allow law to be interpreted
+ avoids absurdity
-can lead to inconsistency between judges
-judges get too much power
Golden rule Advantages
avoids absurdity
golden rule disadvantage
only used in certain situations
impossible to predict the use
When are Aids to Interpretation used?
When judges are unsure how to interpret a word so they use interpretation aida
what are the 2 interpretations aids?
Intrinsic aids - aids within the statue
Extinsic aids - aids outside the statue
Intrinsic aids
have long titles-detailed name of act short titles- brief name preambles- purpose of doc interpretations-detention of acts headings-sections of acts
Extrinsic aids
they outside ,judges will have to use resources outside the act to interpret words
What is Hansard ?
what was said during parliamentary debates when act was a bill
What case allowed Hansard to be used
Pepper v Harry (HoL relaxes rules on Hansard + allowed it in a limited way)
How is law Reformed?
Law commissions reform the law .
and they recommend to the gov
under what act was the Law Commission set up ?
1965 Law commission act
