Statutory interpretation Flashcards
(10 cards)
What is the literal rule
Plain, ordinary or literal meaning
Whiteley v Chappell, Berriman, Cheeseman
What is the golden rule
Avoids literal meaning to avoid absurdity Broad approach; whole meaning is absurd, so is modified (Sigsworth)
Narrow approach; choose possible meanings of word or phrase (Adler v George)
What is the mischief rule
Interprets statute according to ‘mischief’ it intended to remedy
Smith v Hughes, Eastbourne v Stirling
What is the purposive approach
Interprets statute in light of Parliament’s intention
R v RG ex parte Smith
Strengths and weaknesses of literal rule
+ Prevents undemocratic judges from making law
+ Certainty
- Ambiguity
- Unfair or unjust decisions
Strengths and weaknesses of golden rule
+ Allows for sensible meanings
- Very limited and rarely used
Strengths and weaknesses of mischief rule
+ Promotes purpose of the law
+ More likely to be just
- Undemocratic judges making law
Strengths and weaknesses of purposive approach
+ Justice in individual cases
+ More discretion
- Undemocratic judges making law
- Difficult to ascertain Parliament’s intention
- Uncertainty
Intrinsic aids
Long title, short title and preamble
Sections and schedules
Other sections of the statute
Extrinsic aids
Dictionary from time of Act’s publication
Hansard (official report of Parliamentary debate), from Pepper v Hart
