Mindmap
Judicial Creativity
Inhalt der Mindmap
Judicial Creativity
Judicial Precedent
- Allows judges to make law
- Doesn't allow judges to make law
Statutory Interpretation
- Doesn't allow judges to make law
- Literal Rule
- Literal rule is the first rule
- The words of the statue are given their natural, ordinary, dictionary meaning
- Lord Reid in Pinner v Everett: The first question to always ask is what is the ordinary, dictionary definition of a word, even if it creates an absurd result
- Harriss- A stab, cut and wound is not biting'
- Fisher v Bell- Offers are not goods on display
- Whitely v Chapell- Living is not death
- Fisher v Bell- Offers are not goods on display
- Doesn't allow law to be made as it takes the law by its most basic meaning
- Golden Rule (Narrow Approach)
- Where judges use a different definition of that word
- Pepper v Hart- Golden rule limits the amount of material which could be used when interpreting the actions of Parliament
- Where judges use a different definition of that word
- Literal Rule
- Allows judges to make law
- Mischief Rule
- Mischief rule is the oldest rule, it was established in Heydon's case in 1584 which asks 4 questions
- 1) What was the common law before making the act?
- 2) What was the mischief (problem) with the old law?
- 3) What remedy has parliament provided?
- 4) What is the true reason for parliament making the remedy?
- 3) What remedy has parliament provided?
- 2) What was the mischief (problem) with the old law?
- 1) What was the common law before making the act?
- Can only be used when there is ambiguity in the state
- Mischief rule is the oldest rule, it was established in Heydon's case in 1584 which asks 4 questions
- Golden Rule (Broad Approach)
- Allows judges to modify definitions if it could lead to an unjust outcome
- Adley v George
- Bedford v Bedford- The golden rule should be used to prevent an undesirable result
- If a word has multiple meanings then the judge can choose their preffered meaning
- Allows judges to modify definitions if it could lead to an unjust outcome
- Purposive Approach
- Mischief Rule
- Doesn't allow judges to make law
Informationen
- Beschreibung
- A-Level Law (UNIT 4) Mindmap am Judicial Creativity, erstellt von Molly Hope am 30/03/2017.
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- Molly Hope
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- Erstellt von Yasmin Allwood · 30 Mär 2017
- Kopiert von Molly Hope · 30 Mär 2017
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