Statutory Interpretation

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

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	Criado por lauren.pastor201 mais de 11 anos atrás