Statutory interpretation Flashcards
What is statutory interpretation
Determining the proper meaning of a written document
What is the literal rule
Words must be given their literal definition according to the dictionary
What is the golden rule
It extreme circumstances the literal rule may produce an unjust result therefore the golden rule allows the meaning of a word to be altered
What is the mischief rule
This gives more freedom to judges to when interpreting the law
What it is an intrinsic aid
Clues within the statute which makes it easier to interpret the law
What is the ejusdem generis rule
The words within the statute are given their general meanings
What is Expressio unius alterius
Where the act only applies to the particular item mentioned
What is Noscitur a sociis
The word takes the meaning of the words around it
What are extrinsic aids and what give an example and explain what it is
Aids to interpreting the word outside of the actual act
- An example is Hansard
- This is a record of what has been said in parliament in the past
What is the purposive approach
interpreting statutes by investigating the law instead of just looking at the dictionary meaning
