Statutory Interpretation

Question 1

Literal rule

Answer 1

• Looks at plain, ordinary and natural meaning of a word
• Seeks to stay as close to P’s intent as poss
• Judge can use dictionary to source this (LNER v Berriman)

Question 2

Golden rule

Answer 2

• Extension of the literal rule, where it would achieve an absurd outcome
• Narrow approach: 2 meanings, choose the one which is least absurd
• Wide approach: word has a clear meaning BUT following it —> repugnant situation
• Adler v George

Question 3

Mischief rule

Answer 3

Origin from Heydon’s case and asks:

1. What was the common law before the making of the Act?
2. What was the mischief and defect for which the common law did not provide?
3. What was the remedy the P resolved and appointed to cure the disease of the commonwealth?
4. The true reason for the remedy

(Smith v Hughes)

Question 4

Purposive approach

Answer 4

• Opposite of literal rule
• Purely focused on P’s intent
• Dev from EU law and HR law and influences decisions based on these

Fitzpatrick v Sterling Housing Association

Question 5

Intrinsic aids

Answer 5

• Long and short title - referred to for guidance
• Preamble - feature of older Soap setting out its purpose
• Interpretation section - usually in newer Acts, explain key words
• Marginal notes - explains different sections, put in after P debate
• Headings/sections - clarify certain points

Question 6

Extrinsic aids

Answer 6

• Official publications - such as white papers, law reform reports
• Dictionaries
• Hansard - used where words are ambiguous or where clear statement from Minister
• International treaties or conventions - used when translation is in error