Topic 1 - Judicial Principles of Statutory Law Flashcards
What are the three judicial principles of statutory law?
- Literal rule
- Golden rule
- Mischief rule
What is the literal rule?
The literal rule suggests that judges should interpret statutes using the natural meaning of the words in the text. The focus is strictly on the language of the law
What is the golden rule?
The golden rule allows judges to depart from the literal meaning of the words in cases where a strict interpretation would lead to absurd outcomes
What is the mischief rule?
The mischief rule focuses on the intent of Parliament when the rule was created. They interpret the statute in a way that fulfils that purpose
What is an example of the literal rule?
R v Hillingdon London Borough Council, ex parte Puhlhofer - refused application for housing from family as they already had roof over their head, despite not having running water
What is an example of the golden rule?
Re Sigsworth (1935) - judge deemed it wrong for son to inherit mother’s money when he was the one who killed her
What is an example of the mischief rule?
Smith v Hughes (1960) - prostitutes not allowed to solicit on street so beckoned people from the window of their flat
