statutory interpretation

Question 1

what is the literal rule?

Answer 1

judges use the definition of the statute even if the result is not sensible

Question 2

Whiteley v Chappel

Answer 2

used dead persons vote, under literal rule they were not ‘entitled to vote’ so defendant was not guilty

Question 3

what is the golden rule?

and the 2 approaches

Answer 3

modification of literal rule to avoid absurd results

narrow approach - judges choose most acceptable meaning

broad approach - if only one meaning but would lead to absurdity judges can modify meaning

Question 4

Adler v George broad approach?

Answer 4

defendant in prohibited place but statute stated ‘in the vicinity’

Question 5

what is the mischief rule

and which case did it come from?

Answer 5

allows judges to more freedome than literal and golden rule - can go back to parliamentary readings and see what they meant

Haydon’s Case

Question 6

what is the purposive approach?

Answer 6

allows judges to give purpose to what they believe parliament was intending to achieve

Question 7

Jones V Tower Boot Co

Answer 7

parliaments intention to protect people from discrimination