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Mapa mental

statutory interpretation

vajazzleandine Law AS - Level Inglês

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statutory interpretation

  1. The need for Statutory Interpretation

    • Broad terms - there may be words designed to cover several possibilities which can lead to problems as to how wide this should go
      • The Dangerous Dogs Act 1991 there is a phrase "any dog of the type known as the pit bull terrior" has led to problems. What is meant by "type" ? Does it mean the same as "breed". The court decided that type has wider meaning than "breed". It could cover dogs that were't pit bull terriers but has a pit bull terriers characteristics
    • Ambiguity- this is where a word has two or more meanings, it may not be clear which meaning should be used.
    • A drafting error - The Parliamentary Counsel who drafted the original Bill may have made error which was never noticed by parliament
    • New developments -New technology means old acts may not necessarily cover present day situations
      • Royal College of Nursing vs DHSS where medical science methods had changed since the passing of the abortion act.
    • Changes in the use of language - the meaning of words can change over the years
      • Problem in the case Cheeseman V DPP (1990)
  2. Statutory interpretation is

  3. The Literal rule

    • Works in their ordinary grammatical meaning
    • Advantages
      • Leaves law making to parliament
      • Makes law more certain
    • Disadvantages
      • Assumes that every Act is perfectly drafted
      • Words have more than one meaning
      • Can lead to absurd results
      • Can lead to unjust decisions
    • Case: LNER V Berriman (1946) Not "relaying or repairing track" but was oiling points. Literal approach - held maintenance was not within the literal meaning of the words "relaying or repairing" so the widow could not claim compensation for the loss of her husband
  4. Golden rule

    • Can choose best interpreation of ambigious words OR avoid an absured/repugnant result
    • Case: RE Sigworth (1935) Son was not allowed to inherit money from his mother because he murdered her
    • Advantages
      • Respects the words of Parliament as only used in limited situations
      • Avoids the worst problems of the literal rule
    • Disadvantages
      • Can only been used in limited situations
      • a "feeble parachute" - Zander
  5. The Mischeif rule

    • Looks at the gap in the law prior to the Act and interprets words to "supress mischief"
    • Case: Smith V Huges (1960) prostitutes calling from a house to men in the street were "soliciting in a street". This was the mischief that the Act was intended to prevent.
    • Advantages
      • Fills in the gaps in the law
      • Promotes the purpose of the Act
      • Produces "just results"
    • Disadvantages
      • Risk of judicial law making
      • Not as wide as the pruposive approach
      • Limited to looking back to the law prior to the Act
      • Can make the law uncertain
  6. The Literal Approach

    • Words taken in their ordinary grammatical meaning
    • Case: LNER V Berriman (1946)
    • Advantages
      • Leaves law making to parliament
      • Makes law more certain
    • Disadvantages
      • Assumes every act is perfectly drafted
      • Words can have more than one meaning
      • Can lead to absurd results and unjust decisions
  7. The Purposive Approach

    • Looks for the purpose of parliament and interprets the law to ensure that purpose
    • Case R(Quintavalle) V Sectuary of the State of Health 2003 - Act stated that embryo meant "a live human embryo where fertilisation is complete. Embryos were created by cell nuclear replacement, so there was no fertilisation. Purposive approach - Parliament could not have intended to distinguish between embryos. The Act apllied
    • Advantages
      • Leads to justice in induvidual cases
      • broad approach to covering more situations
      • fills the gaps in the law
      • allows for new technology
    • Disadvantages
      • Leads to judicial law making
      • can make law uncertain
      • Difficult to discover the intention of parliament

Informações

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AS - Level Law (Statutory interpretation ) Mapa Mental sobre statutory interpretation, criado por vajazzleandine em 25-04-2016.
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vajazzleandine
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