Statutory Interpretation Flashcards

- Rules of statutory interpretation: the literal rule, the golden rule and the mischief rul3. - The purposive approach - Aids to interpretation: rules of language, intrinsic and extrinsic aids. - Impact of European Union Law and the Human Rights Act 1998 on statutory interpretation - Advantages and disadvantages of the different approaches and aids to statutory interpretation

1
Q

Statutory interpretation is:

A

judges interpreting statues or acts of parliament and applying it to cases in the way they believe parliament intended

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2
Q

The two main reasons that may make interpreting a statue difficult are:

  1. A_______ or v___ language
  2. A n___, u___ situation.
A
  1. Ambiguous or vague language

2. A novel, unforeseen situation.

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3
Q

DPP v Bull

A

The words “common prostitute” were considered as vague language.

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4
Q

The Act in question in the case of DPP v Bull was

A

section 1 (1) Street Offences Act 1959

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5
Q

The two types of aids are:

  1. i___
  2. e___
A

Intrinsic

Extrinsic

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6
Q

The five types of intrinsic aid are:

  1. The l____ t___
  2. P___
  3. S____
  4. I____ S___
  5. E________ M_____
A
  1. The long title
  2. Preambles
  3. Schedule
  4. Interpretation section
  5. Explanatory memorandum
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7
Q

A long title can help interpret a statue as it is

A

“the plainest of all guides to the general objectives of a statute.”

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8
Q

An example of a long title is one for the Abortion Act in which it says the act regards

A

“the termination of pregnancy by registered medical practitioners.”

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9
Q

A preamble is

A

A long introductory paragraph that sets out the purpose of the act in detail

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10
Q

A schedule is found at the end of an act and provides information in the form of

A

Illustrations and lists

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11
Q

An example of a schedule can be found in which act?

A

Hunting Act 2004

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12
Q

An interpretation section is a section in which

A

various words in the act are defined

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13
Q

An example of an act featuring an interpretation act is:

A

Law reform (Year and a day) Act 1996

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14
Q

The seven types of extrinsic aids are:

  1. The EU ____ __ _____ _____
  2. D___
  3. ____ Act ___
  4. Other A___
  5. Other c___
  6. Reports of the _____ commission and r___ commission
  7. H___
A
  1. EU convention on human rights
  2. Dictionaries
  3. Interpretation Act 1978
  4. Other Acts
  5. Other cases
  6. Reports of the law commission and royal commission
  7. Hansard
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15
Q

The Interpretation Act 1978 contains what

A

A list of words and phrases that are commonly used in acts.

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16
Q

A dictionary was used in which case for which word

A

Vaughn v Vaughn

“molest.”

17
Q

Pepper v Hart

A

The Hansard was allowed to be used in this case

18
Q

The Hansard is

A

A woord for word account of parliamentary proceedings.