Statuatory Interpretation Flashcards

(8 cards)

1
Q

Meaning of statuatory interpretation

A

Using certain approaches to interpret the correct meaning of law

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2
Q

What does Lord eager say in the R v Judge of the city of london court

A

If the words of an act are clear, you must follow them, even if they lead to absurdity

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3
Q

3 advantages for the literal rule

A

Respects parliamentary sovereignty
Creates certainty
Supports seperation of powers

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4
Q

What is the golden rule

A

Literal rule should be followed unless it would lead to an absurd outcome

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5
Q

2 approaches to the golden rule with cases

A

Narrow view (Allen)
Wide view (Sigsworth)

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6
Q

3 disadvantages of the golden rule

A

Contrary to separation of powers
Limited in its use
No clear definition of absurdity

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7
Q

Mischief rule

A

Looks in the law that parliament felt it necessary to fill by passing the act

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8
Q

Purposive approach

A

Find out the intention of parliament and carry it out

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