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section a
section a : statutory interpretation
exam style questions statutory interpretation
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Cards (20)
What is statutory interpretation?
The process by which
courts
interpret and apply legislation.
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What is the Literal Rule in statutory interpretation?
It requires judges to interpret words in their plain,
ordinary meaning
, even if the result is absurd.
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How does the Golden Rule modify the Literal Rule?
It allows
judges
to avoid absurd results by choosing an alternative meaning.
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What is the purpose of the Mischief Rule?
Judges interpret statutes to
suppress
the
mischief
the law intended to remedy, focusing on
Parliament’s
intention.
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What does the Purposive Approach consider in statutory interpretation?
Judges consider the broader purpose of the statute, looking beyond the literal meaning to achieve
Parliament’s
intent.
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Which case is most associated with the Literal Rule?
Fisher v Bell
(1961).
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How did the case
R v Allen
(
1872
) demonstrate the
Golden Rule
?
The court interpreted “marry” to avoid the absurd result of bigamy being impossible to commit.
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Which case illustrates the Mischief Rule?
Heydon’s Case
(
1584
).
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What case is linked to the Purposive Approach?
Pepper v Hart
(
1993
).
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What is the
ejusdem generis rule
in statutory interpretation?
Where general words follow specific words, the general words are interpreted to include only items of the same kind.
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Give an example of the
ejusdem generis rule
.
In
Powell v Kempton Park Racecourse
(
1899
), the phrase “house, office, room or other place” was interpreted to apply only to indoor places.
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What does the
expressio unius est exclusio alterius
rule state?
The mention of one thing excludes others; if something is expressly included in a
statute
, others are implicitly excluded.
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What is the
noscitur a sociis
rule?
A word takes meaning from the surrounding words, meaning
context
is key in interpretation.
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What is the significance of
R v Judge of the City of London Court
(
1892
)?
It established that the
Literal Rule
must be applied even if the outcome is absurd.
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How does the Human Rights Act 1998 affect statutory interpretation?
Courts must interpret statutes, as far as possible, in a way that is compatible with the
European Convention on Human Rights
.
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What role does Hansard play in statutory interpretation?
Hansard may be consulted to understand
Parliamentary
debates and clarify the intent behind legislation.
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What is the Interpretation Act 1978?
It provides general rules for interpreting UK
legislation
, including definitions for common terms like “he” including “she.”
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What is a presumption against retrospective legislation?
Courts
assume statutes do not apply to actions that occurred before the law was enacted unless explicitly stated otherwise.
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What is the principle of legality in statutory interpretation?
Courts presume
Parliament
does not intend to limit fundamental rights unless clear words are used.
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What is a key critique of the Literal Rule?
It can lead to
unjust
or absurd outcomes when words are interpreted strictly without regard to the broader context.
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