Flashcards
Statutory Interpretation
Flashcards do conjunto (29)
- 1What are the four rules of interpretation?Literal Rule, Golden Rule, Mischief Rule and the Purposive Approach.
- 2What is the Literal Rule?Taking the word or phrase out of context and applying its ordinary and natural meaning.
- 3What case law is used for the Literal Rule?R v Harris- Bit off his victim's nose, it was illegal to 'stab, cut or wound'
Whitely v Chappell- It was illegal to 'impersonate any person entitled to vote'. He voted in the name of a dead man but dead men can't vote. - 4What is the Golden Rule?A modification of the literal rule to avoid and absurd results. The narrow approach is used when a word has two meanings. The wider approach is where the word has only one meaning but that meaning would reach an absurd result so the meaning is expanded.
- 5What case law is used for the Golden Rule?R v Allen- Law says you can't marry whilst already married (bigamy) but you can't legally marry twice anyway so the words 'to marry' were interpreted to mean go through with a marriage ceremony.
George v Adler- A case where someone 'obstructed' a guard in the 'vicinity' of the base. The defendant argued he wasn't in the vicinity but in the actual base. - 6What is the Mischief Rule?The main aim is to fill in any gaps in the law. They look at the old law before the Act was passed and see what gap the law was intended to cover (looking at why the Act was created).
- 7What case law is used for the Mischief Rule?Smith v Hughes- Prostitutes used to solicit in public places. An act was introduced forbidding thi so the prostitutes took to windows and balconies in public view. ALthough this was a private area, they were still reaching out to the public which is exactly why the act was put in place in the first place.
- 8What is the Purposive Approach?Very similar to the Mischief Rile in that it looks at Parliament's intention behind the act. They look at what they believe Parliament were trying to achieve.
- 9What case law is used for the Purposive Approach?R v RG ex parte Smith- A case in which an adopted man who had killed to people applied to see his family records. The court ruled that although children are legally allowed this information at 18, Smith should not as it put his family in danger and this was not the reason the law was put in place.
- 10What are intrinsic aids?Aids contained within the Act itself, also called internal aids.
- 11What are extrinsic aids?Aids outside the Act, also called external aids.
- 12Examples of intrinsic aids?Punctuation, schedules, long and short titles, interpretation section, preamble (sets out Parliament's intention when enacting the statute).
- 13Examples of extrinsic aids?Dictionaries, textbooks and legal journals, previous acts of Parliament, Hansard, The interpretation act 1978, Law com. reports, explanatory notes.
- 14What happened in the case of Vaughan v Vaughan?This concerned the use of the word 'molest'. A wife claimed her husband was 'molesting' her, by the use of a dictionary the court ruled he was molesting her as the definition is to harass someone.
- 15What the rules of language?1- Ejusdem Generis Rule
2- Expression Unius Est Exclusio Alterius
3- Noscitur a Sociis - 16What is the ejusdem generis rule?This translates to 'of the same kind'. This rule says that when a list of words given are followed general words then the general words are limited to the same kind of items as the specific words.
- 17What is the case for the ejusdem generis rule?Hobbs v CG Robertson Ltd
Workman injured his eye when removing brickwork. Law stated employers must provide goggles for the 'breaking, cutting, dressing or carving of stone, concrete, slag or similar material'. Court held that brick wasn't a similar material as it is much soften than the listed words. - 18What is the expression unius est exclusio alterius rule?This translates to 'expression of one thing excludes the other'. Where a list or words is not followed by general words, it excludes any item not on the list.
- 19What case is used for the expression unius est exclusio alterius rule?E.G v Inhabitant of Sedgley
The statute used the words 'lands, titles and coal mines' so the court interpreted this did not include limestone mines. - 20What is the noscitur a sociis rule?The meaning of a word may be known from the accompanying words. The meaning of questionable words or phrases may be established by reference to the meaning of words associated with it.
- 21What case is used for the noscitur a sociis rule?Inland Revenue Commissioners v Frere
The income tax act set out rules for 'interest, annuities or other annual interest', the first use of the word interest could mean any interest but the words surrounding it show it only referred to annual interest. - 22Advantages of the literal rule?*Parliamentary sovereignty is maintained as law making is left to Parliament.
*It highlights the problems with law to Parliament (R v Harris)
*Creates legal certainty (Stock v Frank Jones) - 23Disadvantages of the literal rule?*Absurd results
*If there are multiple definitions it can't be used
*It can lead to unfair, unjust decisions (R v Harris)
*Draftsmen do not always do their job perfectly, element of human error. - 24Advantages of the golden rule?*Prevents absurd or unjust results?
*Produces a result that Parliament is likely to have intended - 25Disadvantages of the golden rule?*No clear definition of what an absurd result is?
*Can only be used in limited circumstances
*Undemocratic as it gives judges too much power - 26Advantages of the mischief rule?*Prevents absurd or unjust results
*Flexibility
*Allows judges to interpret legislation in light of changing social, economic and technilogical times - 27Disadvantages of the mischief rule?*Too much power given to unelected judges
*Out of date
*Discovering the intention of Parliament is hard, even with Hasard.
*It is not the role of the judiciary to change and update law, it's Parliament's. - 28Advantages of the purposive approach?*Favoured by Europe and so helps to comply with our international obligations
*Likely to give effect to the intention of Parliament - 29Disadvantages of the purposive approach?*Too much power to judges
*FInding Parliament's intention is not easy
*Judges putting their own opinion across disguised as interpretation
Informações
- Descrição
- AS - Level Law (Unit 1) FlashCards sobre Statutory Interpretation, criado por Darcey Frances-Murfet em 23-03-2016.
- Criado por
- Darcey Frances-Murfet
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