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72934
Statutory Interpretation
Description
Law Mind Map on Statutory Interpretation, created by lauren.pastor201 on 06/05/2013.
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lauren.pastor201
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lauren.pastor201
over 11 years ago
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Resource summary
Statutory Interpretation
3 Rules
Golden Rule
A common sense approach used when the Literal Rule has a absurd outcome
Cases: R v Allen and Re Sigworth
Disadvantage
Can only be used in limited situations
a 'feeble' parachute
Advantage
Respects words of Parliament
Avoids the worst problems of the Literal Rule
Mischief Rule
Looks at the gap in the law and the 'mischief that parliament was trying to address
Advantages
Fills the gaps in the law
Promotes the purpose of the Act
Gives 'just' results
Cases: Smith v Hughes and Royal College of Nurses
Disadvantage
Risk of Judical law-making
can make law uncertain
Limited to looking back to the law prior to the Act
Literal Rule
The ordinary meaning of the words in the statute are taken
Cases: LNER v Berriman and Whiteley v Chappell
Advantages
Leaves law-maiking to parliament
makes law more certain
Disadvantages
Assumes that every act is perfectly drafted
word have more than one meaning
Can lead to absurd results and unjust decisions
2 Approaches
Literal Approach
Words taken in thier ordinary gramatical meaning
Fisher v Bell
Advantages
Leaves law-making to Parliament
makes law more certain
Disadvantage
abdurd & unjust decisions
words have more than one meaning
Purposive Approach
Looks for the purpose of parliament and interprets the law to ensure that purpose
Felix
Advantages
Justice in individual cases
Fills gaps in the law
Allows for new technology
Disadvantages
leads to judical law-making
can make law uncertain
difficult to discover the intent of Parliament
Rules of Language
Ejusdem generis
general words which follow a list are limited to the same kind
Powell v Kempton Park
Expressio unius
The express mention of one thing excludes others
Tempest v Kilner
Noscitur a sociis
A word known by the company it keeps
IRC v Frere
Presumptions
No change to common law
Leach v R
Crown not bond
Mens rea required
Sweet v Parsley
No retrospective effect
Intrinsic Aids
definition section
Short and long titles
preamble
matters within the statute itself that may help to make its meaning clearer
Extrinsic Aids
Directory
Hansard
Human Rights Act
Legal Textbook
Interpretation Act 1978
matters which are outside the Act - these may help explain the meaning of the act.
explanatory notes
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