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Adv and Dis for Statutory Interpretation
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Adv and Dis for Statutory Interpretation
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
- Can produce absurd results
- ADV
- Mischeife Rule
- ADV
- Avoids unjust and absurd out comes
- McMonagle v Westminster City Council
- Promotes Flexibility
- Smith v Hughes
- Avoids unjust and absurd out comes
- 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- Out of date
- ADV
- Golden rule
- ADV
- Prevents absurd results
- Allen
- Re Sigsworth
- More intended to produce result intended by Parliament
- Prevents absurd results
- 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'
- ADV
- 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
- ADV
- 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
- ADV
- 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
- Long and short titles are of limited use but the long title can remind the court of what the Act is trying to achieve
- ADV
- Literal rule
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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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- cdstephens1
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