Statutory Interpretation

Question 1

How are acts interpreted under the literal rule?

Answer 1

The words used in a statute are given their ordinary and natural meaning

Question 2

What is the mischief rule?

Answer 2

Where judges can interpret the statute so that it effectively tackles the problem that Parliament want to deal with

Question 3

Which case laid down the mischief rule?

Answer 3

Heydon’s Case in the 16th Century

Question 4

What is the legal significance of the case of Pepper v Hart (1993)?

Answer 4

It overturned the rule against consulting Hansard (the parliamentary record) allowing courts to see what a Minister had said about a piece of legislation in order to decide what Parliament had decided

Question 5

How do courts interpret statutes?

Answer 5

By using whichever rule will produce that result that they themselves believe to be just. This could coincide with their political preferences.