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Statutory Interpretation_2

sharmilarajagopa English

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Statutory Interpretation_2

  1. 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. 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
  3. 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
  4. Presumptions

    • No change to common law
      • Leach v R
    • Crown not bond
    • Mens rea required
      • Sweet v Parsley
    • No retrospective effect
  5. Intrinsic Aids

    • definition section
    • Short and long titles
    • preamble
    • matters within the statute itself that may help to make its meaning clearer
  6. 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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Description
Mind Map on Statutory Interpretation_2, created by sharmilarajagopa on 25/05/2015.
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2
Tags
law
History
  • Created by lauren.pastor201 · May 25, 2015
  • Copied by sharmilarajagopa · May 25, 2015
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