Week 2 - Judicial Principles of Statutory Interpretation Flashcards
What are the three classic principles of statutory interpretation?
- literal rule
- golden rule
- mischief rule
What is an example of the literal rule?
R v Hillingdon London Borough Council, ex parte Puhlhofer - judges said family had home despite family not having running water
What is an example of the golden rule?
Re Sigsworth - Son murders mother, and son was supposed to inherit money. Judges saw this as wrong
What is an example of the mischief rule?
Smith v Hughes - prostitutes soliciting from balcony - not technically ‘in street’
Literal rule
Following exactly what the legislation says - literal meaning
Golden rule
Interpreting close to legislation but choosing the interpretation that does not leading to an absurd outcome
Mischief rule
What issue was the legislation trying to address
What is the case of Wolman v Islington LBC
Motorbike parked above payment - wheels not touching it.
What interpretation was applied in the case of Wolman v Islington LBC?
Mischief rule
