Statutory interpretations Flashcards
1
Q
What is it and why is it needed?
A
Process of judges explaining and applying laws made by parliament
-ensures law is implemented correctly
2
Q
Literal rule
A
-judge will give plain, ordinary and dictionary meaning even if the result is not sensible
3
Q
Golden rule
A
-extension of literal rule
-only used if literal rule would produce an absurd outcome
-2 approaches - narrow + broad
4
Q
Mischief rule
A
- judges ‘filling in the gaps’
5
Q
Intrinsic and extrinsic aids to interpretation
A
Intrinsic - elements found within the law
- preambles, marginal notes
Extrinsic - resources outside the law
-legal textbooks
6
Q
Purposive approach
A
- judges must decide what they believed parliament intended to achieve
- used for EU law
7
Q
Advantages and disadvantages
A
