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Adv and Dis for Statutory Interpretation

cdstephens1 Law A level English

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Adv and Dis for Statutory Interpretation

  1. Statutory interpretation

    • Literal rule
      • ADV
        • Parliamentary Sovereignty is respected (Parliamentry is the supreme law maker)
        • Can highlight problems in an act to Parliament which can then be amended.
          • Fisher v Bell
      • DIS
        • Can produce absurd results
          • London and North Eastern Railway v Berriman
        • Doesn't always give the effect that Parliament intended
        • It is awkward to use when there is more then one literal meaning to a word or phrase
        • Assumes that all Parliamentary draftsmen do their job perfectly
    • Mischeife Rule
      • ADV
        • Avoids unjust and absurd out comes
          • McMonagle v Westminster City Council
        • Promotes Flexibility
          • Smith v Hughes
      • DIS
        • Gives too much Power to the judge
        • The Judiciary can update the legislation
          • Royal college of nursing of the UK v DHSS
        • Not easy to discover the mischief that the act was intending to remedy
        • Out of date
    • Golden rule
      • ADV
        • Prevents absurd results
          • Allen
          • Re Sigsworth
        • More intended to produce result intended by Parliament
      • DIS
        • It is un-predictable- which makes it hard for lawyers to advise clients
        • Too much power given to the Judges
        • The legal Scholar Michael Zander describes this rule as a 'Feeble Parachute'
    • Purposive Approach
      • ADV
        • Used in other courts part of the EU
        • More likely to give the intention of Parliament
          • Coltman v Bibby tankers
        • Lord Denning Preferred Purposive approach to the literal approach
      • DIS
        • Gives too much power to the unelected Judiciary
        • Judges can overstep their mark by making decisons based on public policy
          • Fitzpatrick v Sterling Housing Association
    • Extrinsic Aids
      • ADV
        • Dictionaries are good when using literal rule
        • Referring to other Acts is good when determinging the misheif
        • Interpretation Act is useful when interpreting words and phraes
        • Reports of the Law commission are useful when following the mischief and purposive approach
        • Hansards are useful when applyign the mischeif or purprosive approach
          • Lord Denning
        • Explanatory notes are very useful as the language used is normally more accessible then that used by Parliament.
      • DIS
        • Dictionaries are not very useful when not using the literal rule
        • The interpretation act is limited in scope and not useful when interpreting technical or specialised provisions
    • Intrinsic Aids
      • ADV
        • Long and short titles are of limited use but the long title can remind the court of what the Act is trying to achieve
          • May be useful when using the mischief and purposive approach
        • Preamable's are useful when adopting the mischief or purposive approach
        • Schedules are useful to understanding the provisions of the Act they refer to
        • Definition sections are useful when using the mischief or purposive approach
        • Punctuation is useful when interpreting the provisions of an Acts

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A level Law Mind Map on Adv and Dis for Statutory Interpretation, created by cdstephens1 on 08/01/2015.
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