Flashcards
Statutory Interpretation Key Words
Cards in this deck (12)
- 1Statutory InterpretationWhen judges have to decide the meaning of words in an Act to give effect to the intention of Parliament.
- 2Literal RuleGiving words their natural, ordinary, dictionary meaning, even if it results in absurdity.
- 3Golden RuleAn extension to the literal rule that says Judges should use the literal rule unless it would produce an absurd result.
- 4Narrow UseWhere a word has more than one meaning, the narrow use of the golden rule allows the Judge to choose the meaning that avoids absurdity.
- 5Wider UseWhere there is only one literal meaning of a word or phrase but to apply it would cause a absurdity, then the wider use of the golden rule can be used to modify this meaning to avoid absurdity.
- 6Mischief RuleJudges should consider:
What was the old law before the Act was passed.
What was the problem (mischief) with that law.
What was the remedy that Parliament was trying to provide. - 7Purposive ApproachThis requires the court to examine the purpose of the Act and interpret doubtful phrases in accordance with that purpose.
- 8Intrinsic AidsAnything in the Act itself which may help make its meaning clear.
- 9Extrinsic AidsCertain things outside the Act which the Judge is allowed to use to help interpret the Act.
- 10Ejusdem GenerisWhere a list is followed by general words then the general words are limited to the same kind of items as in the list.
- 11Express Wording RuleA list not followed by general words is limited to items in the list.
- 12Noscitur a SociisWords may be looked at in context and interpreted accordingly.
Information
- Description
- AS - Level Law (Unit 1 - Statutory Interpretation) Flashcards on Statutory Interpretation Key Words, created by Claudia Goodyear on 04/04/2016.
- Created by
- Claudia Goodyear
- Views
- 1
- Rating