Statutory interpretation

Created by

Abi

Cards (19)

What are the effects of the EU
purposive approach
all laws created because of EU
Mendoza V Ghaidan 2002
What are the reasons for statutory interpretation
new development
language change
drafting error
broad term
ambiguity
What is the literal rule
“It’s plain ordinary or literal meaning of law“
Case examples of literal rule
Cheeseman
Berryman
Whitley V chapel
Advantages of literal rule
democratic
consistent
Disadvantages of literal rule
unfair decisions
may be more than one meaning
not all acts are perfectly drafted
What is the golden rule
Modify of literal rule
can give more interpretation
Two approaches in golden rule
Narrow
broad
What is the narrow approach in golden rule
Choosing between two possible meanings of words if phrases
Adler V George
What is the broad approach in golden rule
A clear meaning which would lead to a replicant result
R V Sigsworth
Advantages of golden rule
democratic
avoids the problems literal faces
judges can choose sensible meaning
Disadvantages of golden rule
cannot predict
limited situation
What is the mischeif rule
Gives judges more disicreny than two other rules
Examples of mischief rule
Smith V Hughes 1960
Advantages of mischief rule
fills in gaps of law
produces a just result
promotes the purpose of law
disadvantages of mischief rule
Uncertainty
risk judicial law making
limited to looking back on old laws
What is the purposive approach
Looks at the purpose of the law. Smith 1990
Advantages of purpose approach
Avoids absurd decisions
leads to justice
new development in technology
Disadvantages of purposive approach
Undemocratic
judges make law
uncertainty