Statutory Interpretations Flashcards
What is the literal rule?
Giving words their ordinary natural meaning wherever words are capable of a literal meaning
What is the golden rule?
The golden rule of statutory interpretation may be applied where an application of the literal rule would lead to an absurdity. The courts may then apply a secondary meaning.
What is the mischief rule?
The mischief rule is of narrower application than the golden rule or the plain meaning rule, in that it can only be used to interpret a statute and, strictly speaking, only when the statute was passed to remedy a defect in the common law.
What is the purposive approach?
the purposive approach to statutory interpretation seeks to look for the purpose of the legislation before interpreting the words. It has often been said that the purposive approach is a mixture of the domestic rules, however, whereas the domestic rules require the courts to apply the literal rule first to look at the wording of the Act, the purposive approach starts with the mischief rule in seeking the purpose or intention of Parliament.
What is the narrow approach?
A modification of the literal rule and used when the literal interpretation of words would lead to a ‘manifest absurdity’. … The narrow approach is used where the meaning of the word which is being interpreted is ambiguous i.e. has more than one meaning.
Examples of internal aids?
The long title of the act
Explanatory notes
Other sections of the act
Example of external aids?
Dictionaries
Text books
Law commission reports
Hansard
What is noscitur a sociis?
Latin: that the meaning of a word may be known from accompanying words.
What is Hansard?
Record of what was said in parliament
What is ejusdem generis?
of or as the same kind.
denoting a rule for interpreting statutes and other writings by assuming that a general term describing a list of specific terms denotes other things that are like the specific elements.
What is expressio unius exclusio alterius?
legal Definition of expressio unius est exclusio alterius. : a principle in statutory construction: when one or more things of a class are expressly mentioned others of the same class are excluded.
