Flashcards
Statutory Interpretation Rules
Flashcards do conjunto (12)
- 1Literal RuleStates that the intention of Parliament is best found in the plain, ordinary meaning of the words. Lord Esher MR said that if the words in the act are clear then they must be followed even if this leads to absurdity.
- 2Advantages of Literal Rule* Leaves law-making to Parliament.
*Makes law more certain. - 3Disadvantages of Literal Rule* Assumes that every Act is perfectly drafted.
* Words are ambiguous (have more than one meaning).
* Can lead to absurd results.
* Can lead to unjust decisions. - 4Golden RuleSays that if the Literal Rule creates absurdity, the court should look for another meaning of the words that avoids the absurd result.
- 5Advantages of Golden Rule* Respects the words of Parliament as it is only used in limited situations.
* Avoids the worst problems of the Literal Rule. - 6Disadvantages of Golden Rule* Can only be used in limited situations.
* "A feeble parachute" - Zander. - 7Mischief RuleSays that the court needs to realise that there is a gap in the law in which the statue was intended to fill and interpret. Also says that it is used to 'suppress the mischief' in which Parliament intended to remedy.
- 8Advantages of Mischief Rule* Fills the gaps in the law.
* Promotes the purpose of the Act.
* Produces 'just' results. - 9Disadvantages of Mischief Rule* Risk of judicial law-making.
* Not as wide as the purposive approach.
* Limited to looking back to the law prior to the Act.
* Can make the law uncertain. - 10Purposive ApproachSeeks to give effect to the true purpose of legislation and is prepared to look at extraneous material that bears on the background against which the legislation was enacted.
- 11Advantages of Purposive Approach* Leads to justice in individual cases.
* Broad approach covering more situations.
* Allows for new technology. - 12Disadvantages of Purposive Approach* Leads to judicial law making.
* Can make the law uncertain.
* Difficult to discover the intention of Parliament.
Informações
- Descrição
- FlashCards sobre Statutory Interpretation Rules, criado por b2709 em 03-01-2016.
- Criado por
- b2709 · jan 2016
- Atualizado
- 19 fev 2016
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