Legal Systems Legislation and Statutory Interpretation

Question 1

LITERAL RULE

Answer 1

plain ordinary meaning

Whiteley v Chappell (1868) – D was not guilty of impersonating a “person entitled to vote” because the person was dead and thus not entitled under the literal meaning.

Question 2

GOLDEN RULE

Answer 2

judges give words their ordinary meaning unless it leads to an absurdity, then they may adapt the meaning.

in the vicinity of a prohibited place” was interpreted to include being inside the place to avoid absurdity.

Question 3

MISCHIEF RULE

Answer 3

Judges look at the “mischief” or defect in the law the Act was intended to remedy and interpret it to suppress the mischief.

Prostitutes soliciting from a balcony were found guilty, as the mischief targeted was public nuisance, regardless of where they stood.

1. find the problem they are trying to fix

Question 4

PURPOSIVE APPROACH [UE]

Answer 4

Judges interpret the statute in a way that best achieves the legislative purpose, even if it means departing from literal meaning.

• use for any eu legislation or human rights.

A literal reading would have required release of birth records to a dangerous individual. The purposive approach protected public safety.

Question 5

Q: What is a codifying statute?

Answer 5

Statutes + Common Law on a subject into 1 act
Can change law

Question 6

Q: What is a consolidating statute?

Answer 6

Several statutes into 1 act
Does not change law