Statutory interpretation

Cards (32)

  • What is statutory interpretation?
    The judicial interpretation of Acts of Parliament
  • What is parliamentary sovereignty?
    It is the principle that Parliament is supreme
  • When is the golden rule applied?
    When literal interpretation leads to absurdity
  • What is the narrow approach of the golden rule?
    Selecting the least absurd meaning from two interpretations
  • What is the wide approach of the golden rule?
    Applying a single meaning that reflects Parliament's intention
  • What is the purposive approach in statutory interpretation?
    It considers the overall purpose or spirit of the law
  • What was the key issue in DPP v Cheeseman?
    The interpretation of the word "passenger"
  • What did R v Judge of City of London Court establish?
    Clear words of an act must be followed
  • What was the focus of Adler v George?
    The phrase 'being in the vicinity of'
  • What did R v Harris clarify?
    The literal interpretation of "spit, not wound"
  • What did R v Allen determine about 'to marry'?
    It meant 'to go through a ceremony'
  • What was significant about Heydon's Case?
    It was the first case to use the mischief rule
  • What did the case of Quintavalle involve?
    Research into 'embryos' and future advancements
  • What does *Ejusdem Generis* refer to?
    General terms following a list mean same kind
  • What does *Noscitur a Sociis* mean?
    Words must be understood in context
  • What was the focus of Powell v Kempton Park Racecourse?
    Outdoor areas were not included
  • What was the outcome of R v K?
    Stocks and shares were not included
  • What does Sweet v Parsley illustrate?
    The law should not punish without mens rea
  • What does *s.132 Hunting Act 2004* signify?
    It explicitly included the Crown
  • What do the War Crimes Act 1995 and Human Rights Act 2008 have in common?
    They apply to past events with exceptions
  • What is an extrinsic act?
    An act found outside of the statute
  • What is the long title of an act?
    The full name of the Act
  • What is the interpretation section of an act?
    Sections providing definitions of words used
  • What are schedules in an act?
    They provide additional information or operations
  • What do marginal notes and headings provide?
    Information at the top or side of the Act
  • What is a preamble in an act?
    A brief indication of the purpose of the Act
  • What did Davis v Johnson establish about dictionaries?
    Dictionaries can be used in interpretation
  • What did Pepper v Hart determine about Hansard?
    Hansard can be used if the Act is ambiguous
  • What does Jackson & Others show about Hansard?
    Hansard is still a useful tool in court
  • What is an example of a short title of an act?
    Coronavirus Act 2020
  • What does the Equality Act 2010 provide?
    It provides an interpretation of an Act
  • What does the Human Rights Act 1998 uphold?
    Human rights of citizens