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law making
statutory interpretation
literal rule
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Created by
Brooke Lennox
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Cards (15)
traditional
approach
words in act given
dictionary
definition from time act was
passed
(dpp v cheeseman)
'passengers'
(whiteley v chappell)
dead
people aren't entitled to
vote
(fisher v bell)
'invitation
to
treat'
not
'offer
to
sale'
(l&ner v berriman)
'maintaining'
not
'repairing'
++ follows words
democratically
elected parliament has used
++ prevents
unelected
judges making law, supports parliamentary
sovereignty
++ makes laws
certain
, interpreted as
written
++ forced parliament to be
clear
drafting
-- assumes every act is
perfectly
drafted, not possible to word an act to cover every
situation
(
whiteley
v
chappell
)
-- words may have more than one
meaning
, act
unclear
, dictionaries may include many
definitions
for a word
-- impossible to
draft
law to cover every
situation
parliament intended
-- following words
exactly
can lead to
unfair
or unjust decisions (
l&ner
and
berriman
)
-- demands
unrealistic
perfection of wording by
draftsmen
foresight of how it will cover every
situation