Statutory Interpretation

Cards (6)

  • What does statutory interpretation mean?

    statutory interpretation refers to the way in which judges interpret the language used in Acts of Parliament
  • What does narrow use mean?

    If a word is ambiguous, the judge may choose between two possible accepted meanings to avoid an absurd outcome.
  • What does Wider use mean?

    This is where there is only one meaning, but this would lead to a repugnant situation the courts may modify the words of the Act.
  • Why do judges use the golden rule?

    Only if the literal rule would produce an absurd or unjust result.
  • What is the Mischief Rule?

    Words are interpreted in a way which helps to eliminate a problem that occurred under the old law - Heydon's Case (1584).
  • What are the 4 questions?
    What was the old law?
    What was the problem/ mischief with that law?
    What remedy did Parliament include in the new law?
    How can the new law be interpreted "to suppress the mischief and advance the remedy"?