Unit 1

Question 1

What is the literal rule?

Answer 1

• Words given their ‘ordinary’ or ‘literal’ meaning.
• If the words are clear, they must be applied, even though the intention of the legislator may have been different, or the result is harsh or undesirable.

Question 2

What is the golden rule?

Answer 2

• Where there are two meanings to a word, it should be given their ordinary, literal definition wherever possible, but not to the extent it produces an absurd result.
• I.e., words should be interpreted wherever possible to reflect the intentions of Parliament in passing the Act

Question 3

What is the narrow golden rule?

Answer 3

Where there is ambiguity, the words are interpreted to reflect the intentions of parliament.

The court will choose what it regards as the correct option between two different possibilities, in order to avoid an absurd result.

Question 4

What is the wide construction of the golden rule?

Answer 4

• Wide interpretation avoids a result which is absurd to principles of public policy, even where words only have one meaning
• Allows words to be read into the law to avoid a result obnoxious to public policy.

Question 5

What is the mischief rule?

Answer 5

• Courts consider what the intended ‘harm’ or ‘wrong’ the legislation is aiming at deterring.

Question 6

What is the purposive approach?

Answer 6

Judges look at the reasons the statute was passed and its purpose, even if it means distorting the ordinary meaning of the words

Question 7

Using the purposive approach, can you change the language of the statute?

Answer 7

Yes.

Question 8

What rule do you use to look backwards to the root of the problem?

Answer 8

Mischief rule.

Question 9

What rule do you use to look forwards to the aims of the legislation?

Answer 9

Purposive rule.

Question 10

What are the 3 rules of language?

Answer 10

1. Recognition by Associated words (Noscitur a sociis)
2. Of the same kind or nature (Eiusdem Generis)
3. Expressing one thing excludes (Espressio uninus exclusion alterius)

Question 11

1. Recognition by associated words – how does the word derive its meaning?

Answer 11

• A word derives its meaning from the surrounding words

Question 12

What are the rules for 2. of the same kind or nature?

Answer 12

• If a general word follows two or more specific words, that general word will only apply to items of the same type as the specific words – “words of the same type”

Question 13

What is rule for 3. Expressing one thing excludes another?

Answer 13

• To express one thing, is to exclude another e.g., an act referring to a coal mine. The use of the word ‘coal’ excludes any other type of mine.

Question 14

What are the 2 types of aids to interpretation?

Answer 14

1) Intrinsic aids

2) Extrinsic aids

Question 15

What is an intrinsic aid?

Answer 15

The statute itself.

– Words which have been debated by Parliament and are a part of the statute are legitimat aids.

Question 16

What are extrinsic aids?

Answer 16

Aids outside the statute itself:

1) Interpretation Acts
2) Dictionaries
3)Other statutes
4) Hansard

Question 17

What is the Peppe v Hart rule on Hansard?

Answer 17

Courts can refer to Parliamentary material recorded in Hansard if:

a) The statute is ambiguous or obscure, or its literal meaning leads to an absurdity

AND

b) The material consists of clear statements by a Minster or other promoter of the Bill

Question 18

What is Hansard?

Answer 18

Preparatory Parliamentary debates in the House of Commons, which are recorded in Hansard.

Question 19

Where does additional documents / extra material get put within in Act?

Answer 19

In its schedules.

Question 20

What does Pepper v Hart only apply to?

Answer 20

Only applies to statements made by ministers responsible for guiding legislation through Parliament, not statements by backbench MPs.

Question 21

Is interpretation discretionary by the judge?

Answer 21

Yes.

Question 22

When will the judge consider other rules of consturction?

Answer 22

Where there is any ambiguity.