Flashcards
Primary Rules of Statutory Interpretation
Flashcards do conjunto (27)
- 1What are the Primary Rules of Statutory Interpretation?Mischief Rule
Literal Rule
Golden Rule
Purposive Approach - 2Heydon's CaseThe first use of the Mischief rule to interpret statutes
- 3What are the 4 questions to ask when using the mischief rule?1) What was the common law before the act?
2) What was the mischief which requires legislation?
3) What remedy is provided by the act?
4) What is the rationale for the remedy? - 4What are the 4 aims of the Judge's interpretation?1) Suppress the mischief
2) Advance the remedy
3) Suppress behaviour which continues the mischief
4) Advance the remedy in line with true intention - 5Gorris v ScottSheep were washed overboard due to negligence which was detailed in the Contagious Diseases (Animals) Act 1869. The Act was intended to stop spread of diseases not to stop losing sheep to the sea.
- 6Leadbetter v HutchesonThe Tweed Fishing Act 1859 said that salmon from any 'boat, cart, basket or package' may be forfeited. Held that cart was applicable to bike and sidecar.
- 7What was the situation regarding the Mischief rule in the 16th century?There was very little parliamentary supremacy or detailed legislation. The courts had a large role in identifying the mischief and interpreting the act. It was much more accessible for the courts.
- 8When did Parliament become supreme?After the 1688 revolution.
- 9What happened when Parliament became supreme?It became more powerful, created more legislation and more complicated legislation. There was more weight on the intention of parliament and the mischief rule became less satisfactory.
- 10Why did the literal rule get introduced?It superseded the mischief rule due to an increase in specific legislation.
- 11What is the literal rule?It is looking at the exact words of parliament not their intention.
- 12Ayrshire Employers Mutual Insurance v IRCLiteral rule looks at exact words NOT meaning
- 13R v HarrisAccused bit off the victims nose but conviction was quashed as the relevant statute said 'cut, stab or wound.'
- 14Fisher v BellDisplay of a flick knife in a shop window. It was forbidden to sell or hire or offer to sell or hire however a display in a window is an invitation to treat not an offer.
- 15Keane v GallacherAccused convicted for possessing an unusable amount (11 mgs cannabis resin). Proof that the literal rule does not always produce a reasonable result.
- 165 advantages of the mischief ruleParliament can easily amend wording
Limits judicial Discretion
Increased precision and formality
More democratic
In keeping with Parliamentary Supremacy - 174 disadvantages to the literal ruleProduces absurdities.
Doesn't help to further justice.
Lack of checking on parliament's actions.
Legislation is too detailed so courts cannot spend time interpreting the meaning. - 18Why was the Golden rule introduced?Due to the absurdities produced by the literal rule
- 19K v CraigThe literal rule meant that someone would be released from a mental hospital, absurd result in context.
- 20What is an absurdity?An absurdity can be interpreted differently by different judges. It could be an unjust result or not appropriate in the context of the statute.
- 21What is the Golden Rule?If the literal rule produces an absurdity you should instead look at the rest of the Act in context in order to interpret the meaning.
- 22Stock v Frank Jones (Tipton) LtdOnly depart from the literal rule when:
There is a clear and gross anomaly
Parliament could not or would not have accepted the anomaly
You can solve the problem without detriment to intention of Parliament
The language allows modifications - 23River Wear Commissioners v AdamsonClassic definition by Lord Blackburn
- 24What is the purposive approach?A modern version of the mischief rule. It is to determine the general legislative purpose underlying the provision by looking at the history of the Act.
- 25European Communities Act s(3)Uk courts should interpret EU law by using the purposive approach.
- 26Pepper v HartThe government were trying to tax a group of teachers who got a concession on school fees for their children. Due to a comment in a debate on the Finance Act disregarding this tax, the purposive approach was held and they were not taxed.
- 27What is the current status of law?Using a combination of all 3 rules such as in R v Cockburn
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- FlashCards sobre Primary Rules of Statutory Interpretation, criado por Fionnuala Mendha em 22-07-2014.
- Criado por
- Fionnuala Mendha
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