Mapa mental
Statutory interpretation
Conteúdo do mapa
Statutory interpretation
rules of interpretation
- Literal rule
- words that are reasonably capable of only one meaning must be given that meaning whatever the result
- judge gives the ordinary, plain and natural meaning to the word of the statue
- Horsman 1998 QB 531, Waller LJ
- Merits +1 Lord Brougham in 1840
- Failings - 4
- words that are reasonably capable of only one meaning must be given that meaning whatever the result
- Golden rule
- ordinary words must be given their ordinary meanings and technical words their technical meanings, unless absurdity would result
- Becke v Smith 150 ER 124 (1836)
- only applies in exceptional situations to avoid absurd, inconsistent or inconvenient results
- RE Sigsworth
- Adler v George
- R. v Allen
- Adler v George
- RE Sigsworth
- Merits + 1 - prevents the absurdity and injustice caused by the literal rule
- Failings - 1 only applies when literal rule is absurd.
- ordinary words must be given their ordinary meanings and technical words their technical meanings, unless absurdity would result
- Mischief rule
- when an Act aims at curing a defect in he law an ambiguity is to be resolved in such a way as to favour that aim
- Heydon's Case (1584)
- Smith v Hughes, Royal College of nursing v DHSS - Application of rule
- Merit + flexibilty to judges
- failings - rule was product of a very old case when legislation was scarce and limited in scope
- Literal rule
definition - the approach taken by the courts to ascertain the intention of the Parliament in the wording of a particular statue
- Challenges in Statutory interpretation
- statutes are legal texts with abstract descriptions which attempt to predict future behaviours
- statues with uncertainties and ambiguities
- ambiguity - there are two or more credible readings/interpretations of a statutory provisions
- Absurdity - the interpretation which the words seem to lead towards lead to an unreasonable, illogical or inappropriate result
- statues with uncertainties and ambiguities
- difficulties in identifying the intention of parliament
- statutes are legal texts with abstract descriptions which attempt to predict future behaviours
- Challenges in Statutory interpretation
approaches to discover the intention of parliament
- Literal approach
- Purposive approach
- similar to mischief rule
- judges to take a narrow reading of a wide provision
- used to interpret domestic law - the use of Hansard
- Merits + 3
- fulfill the actual intention of parliament
- avoids potential injustices and absurdities
- not possible to interpret broad rights in a literal manner
- Failings 1
- less legal certainty
- Lord Denning - Magor & st Mellons v Newport Corporation
- less legal certainty
internal aids to construction
- 4
- presumptions 8
- 4
external aids to construction
- 8
external forces on statutory interpretation
- international Law
- Human Rights Act 1998
- The Law of the European Union
- Supremacy
- costa v ENEL 1964 ECR 585
Informações
- Descrição
- undergraduate Civil Justice System Mapa Mental sobre Statutory interpretation, criado por Tia LCodrington em 23-11-2015.
- Criado por
- Tia LCodrington
- Visualizações
- 9
- Avaliação