Interpreting Acts of Parliament

Question 1

What are the common law rules for interpreting rules?

Answer 1

1) The literal rule.
2) The golden rule.
3) The mischief rule.

Question 2

What are some intrinsic aids to interpretation?

Answer 2

These are found within the statue itself in headings, titles or notes.

Question 3

The literal rule.

Answer 3

IRC V HINCHY- the case where the defendant failed to deliver the correct tax return and so had to pay treble the tax on the tax payable for the whole year.

Question 4

The golden rule.

Answer 4

RE SIGSWORTH- Sigsworth killed his mother to inherit her estate but as this would lead to an absurd result if followed literally they should not follow it.

Question 5

Mischief Rule

Answer 5

SMITH V HUGHES- the prostitute was soliciting men from her bedroom window and as this was causing issues in the street.

Question 6

What are some extrinsic aids to interpretation?

Answer 6

Textbooks, mischief rule or the interpretation act 1978.

Question 7

Stare Decisis

Answer 7

To stand by things decided. It refers to the principle that inferior courts must follow the decisions of senior courts.

Question 8

Per Incuriam

Answer 8

This means that a decision has been made in error and no court is required to follow the decision.