102975
Description
Mind Map by ShaniceMae, updated more than 1 year ago
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Created by ShaniceMae
almost 11 years ago
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Statutory Interpretation
- Intrinsic and Extrinsic aids to interpretation
- Intrinsic
- Long and Short titles
- The Law of Property Act
- The Law of Property Act
- Pramble
- The Theft Act
- The Theft Act
- Interpretation sections
- Schedules
- The Postal Services Act
- The Postal Services Commission
- The Postal Services Act
- Marginal noted and Headings
- Punctuation
- Long and Short titles
- Extrinsic
- Dictionaries
- DPP v Cheeseman
- DPP v Cheeseman
- Reports of Royal Commissions
or law reform bodies
- The Human Rights Act 1998
- Previous or contemporary
Acts
- Historical setting
- RCN v DHSS
- RCN v DHSS
- Work of leading academics
- Pollocks
- Dunlop v Selfridge
- Dunlop v Selfridge
- Pollocks
- Reports of International Conventions
- Fothergill v Monarch Airlines
- Fothergill v Monarch Airlines
- Hansard
- Davis v Johnson
- Pepper v Hart
- Davis v Johnson
- Dictionaries
- Intrinsic
- Advantages and disadvantages of the purposive approach
- Gives effect to Parliament's true intentions
- Goes directly against the Doctrine of Separation
of Powers and Supremacy of Parliament
- Makes extensive use of extrinsic aids
- Can only be used if Parliaments intentions
can be identified
- Avoids absure, unjust and harsh outcomes of the literal approach
- Avoids the destructive analysis of language
- More suited to European law, not English Legislation
- Gives effect to Parliament's true intentions
- Advantages and disadvantages of the literal rule
- Respects the Separation of Powers and Supremacy of Parliament
- Avoids judges being accused of law making
- Rule occassionally produces absurd, unjust and indefensible
results that cannot represent Parliaments true intentions
- DPP v Cheeseman
- DPP v Cheeseman
- Judges say they are doing Parliament a service by
drawing faulty legislation and loopholes to their attention
- Fisher v Bell
- Fisher v Bell
- Fails to realise that language has its limitations
- Is predictable and offers certainty and consistency in
comparison to other approaches
- Demands standards of unattainable perfection from
Parliamentary draftsmen
- Respects the Separation of Powers and Supremacy of Parliament
- The Rules of Language
- Specific
- Tempest v Kilner ('goods, wares and merchandise')
- Tempest v Kilner ('goods, wares and merchandise')
- General
- Powell v Kempton Park Racecourse
('keeping a house, office, room or other place for betting')
- Powell v Kempton Park Racecourse
('keeping a house, office, room or other place for betting')
- Context
- Pengelly v Bell Punch Co Ltd ('floors,
steps, stairs, passages and gangways')
- Pengelly v Bell Punch Co Ltd ('floors,
steps, stairs, passages and gangways')
- Specific
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