Mapa mental
Statutory interpretation
Conteúdo do mapa
Statutory interpretation
Literal rule
- The judge uses the words in the Act literally
- Does not consider other implications of the words meaning
- Historical approach
- Judges are following the Acts interpretation
- They are not interpreting the words of the Act/statute
- Can lead to absurd or unjust results by being too literal
- Disadvantage
- Assumes the law can be perfectly drafted
- Words have more than one meaning
- Advantage
- Consistent and certaintity in approach
- Reduces litigation
- Leaves the law making to parliament
- Consistent and certaintity in approach
- The judge uses the words in the Act literally
Golden rule
- Applies if there has been an absurd judgement
- Parliament could not have envisaged the problem with the literal rule approach
- The problem can be remedied with detriment to the Act's intention
- The language of the Act allows for modification
- Disadvantage
- No guidance on how it should be applied
- Inconsistent
Mischief rule
- Judge must consider 4 things
- What was the common law before the Act
- What was the defect with the common law
- What solution did parliament intend to use for the defect
- What was the reason for parliament adopting the solution
- Advantage
- Very flexible rule
- Judge will look at the gap that the Act was envisaged to fill
- Disadvantage
- May lead to judges re-writing the law
- Judge must consider 4 things
Purposive rule
- Looks forward rather than back to what parliament intended to achieve when creating the act
- Most used approach now when applying the law
- Advantage
- Covers unforseen situations
- Fills in any gaps
- Disadvantage
- May lead to Judges re-writing the law in terms of their interpretation
- Could make law uncertain
- Not always easy to discover the intent
Informações
- Descrição
- W101 revision Mapa Mental sobre Statutory interpretation, criado por Chris Gill em 21-05-2017.
- Criado por
- Chris Gill
- Visualizações
- 6
- Avaliação