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1_Statutory Interpretation

Robert Renton English

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1_Statutory Interpretation

  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. Presumptions

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

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Description
Mind Map on 1_Statutory Interpretation, created by Robert Renton on 06/01/2016.
Created by
Robert Renton
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law
History
  • Created by lauren.pastor201 · Jan 6, 2016
  • Copied by Robert Renton · Jan 6, 2016
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