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Statutory Interpretation
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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
"?