Topic 4: Statutory Interpretation Flashcards
Why do we need statutory interpretation?
Broad terms Ambiguous words Changes in language New developments Drafting errors
What is statutory interpretation?
The process where the courts interpret statutes and apply legislation
What are the 4 methods of statutory interpretation?
The literal rule
The golden rule
The mischief rule
The purposive approach
What does the literal rule involve?
The judge gives the phrase or word its plain, natural, grammatical and ordinary meaning
What does the golden rule involve?
Narrow approach:
Judges chooses between several meanings of a word
Broad approach:
Modify/adapt the meaning of the word to suit the law
What does the mischief rule involve?
Interpret the law to fill in gaps that Parliament have missed
What case do we use in the mischief rule?
Heydon’s Case (1584)
What are the 4 points Heydon’s Case involves?
- The common law before the act
- The mischief/defect the common law didn’t provide
- Remedy that Parliament appointed to solve this
- True reason for the remedy
What does the purposive approach involve?
IdentifiesParliaments intentions when setting the law
What are the advantages for the literal rule?
Predictability within cases
Respects Parliamentary Sovereignty
Punishes for poor legislation
Ensures judges respect their role
What are the disadvantages for the literal rule?
Absurd and unjust results
Expects perfection in the drafts person
Problems occur when a word has lots of meanings
The law can’t adapt to society’s changes
What are the advantages for the golden rule?
Prevents absurd and unjust outcomes
Respects Parliamentary Sovereignty
Check upon the strictness of the literal rule
What are the disadvantages for the golden rule?
Lack of clarification in the word absurdity
Doesn’t respect Parliamentary Sovereignty
Zander says it’s an unpredictable safety valve
What are the advantages for the mischief rule?
Prevents absurd and unjust results
Provides flexibility
Puts Parliaments intentions into practice
Respects Parliamentary Sovereignty
What are the disadvantages for the mischief rule?
No certainty within the law
Doesn’t respect Parliamentary Sovereignty
Inconsistency between judicial decisions
Parliaments intentions must be known for it to work
