Mapa mental
Statutory Interpretation
Conteúdo do mapa
Statutory Interpretation
Rules of Interpretation
- The literal rule
- judge reads the statutes as a who;e, and puts the words into context. Words are given their plain, ordinary, grammatical meaning regardless of outcome,
- Lord Esher in the case of R v Judge of the City of London Court (1892) : "...if the words of an Act are clear, you must follow them, even though they lead to a manifest absurdity (..) the court has nothing to do with the question of whether the legislature has commited and absurdity."
- Whitely V Chappell the Poor Law Amendment Act 1851- stated it was an offence to 'impersonate any person entitled to vote'. D cast a vote using the identity of a deceased person. Held; taken literally, a dead person is not entitled to vote, therfore D could not be guily of the offence
- LNER v Berriman - railway worker was killed while oiling the track. Fatal Accidents 1846 provided that compensation was payable on death of worker while 'relaying Held: taken literally, oiling track is not relaying nor repairing but rather 'maintaining', so widow was not entitled to compensation
- Advantages
- clarity about paticular words and phrases
- exact words set by Parliament being used- fulfilling what Parliament want to acheive
- lawyers can expect to follow the exact meaning of law
- Disadvantages
- not fully flexible., leads to absurd outcomes (Whiteley v Chappell)
- Unfair outcomes (e.g widow in LNER v Berriman didn't gain compensation
- words can have more than one meaning
- The literal rule
Informações
- Descrição
- Mapa Mental sobre Statutory Interpretation, criado por Blessing BT em 18-11-2022.
- Criado por
- Blessing BT
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