Written legislation Flashcards
Primary legislation is split into …
written legislation and Common law
Quote an example of written legislation
It can be statutes or Acts of Parliament
Explain what is the Common law
Common law is developed by judges, they can also be called case-law.
Why the wording of a law is extra important ?
If a word has multiple meanings, judges can interpret subjectively the misleading word if there were no precedent before.
What is a statutory interpretation ?
It’s a set of rules and guidelines for judges
How are called the three rules of statutory interpretation ?
The Literal Rule, the Golden Rule, The Mischief Rule
What is the definition of the Literal Rule ?
You apply the rule literally.
What is the definition of the Golden Rule ?
If the decision is likely to be absurd, you can change the solution.
What is the definition of the Mischief rule ?
It allows the judge to put right to resolve a problem or an error or a gap in the law.
What is the Purposive approach ?
It’s an approach used by the judges to research what were the intentions of the Parliament when they created the law.
