Statuatory Interpretation Flashcards
(8 cards)
Meaning of statuatory interpretation
Using certain approaches to interpret the correct meaning of law
What does Lord eager say in the R v Judge of the city of london court
If the words of an act are clear, you must follow them, even if they lead to absurdity
3 advantages for the literal rule
Respects parliamentary sovereignty
Creates certainty
Supports seperation of powers
What is the golden rule
Literal rule should be followed unless it would lead to an absurd outcome
2 approaches to the golden rule with cases
Narrow view (Allen)
Wide view (Sigsworth)
3 disadvantages of the golden rule
Contrary to separation of powers
Limited in its use
No clear definition of absurdity
Mischief rule
Looks in the law that parliament felt it necessary to fill by passing the act
Purposive approach
Find out the intention of parliament and carry it out