Staturoty interpretation

• Statutory interpretation

  How judges interpret language used in acts of Parliament
• Statutory interpretation rules

  • Literal rule
  • Golden rule
  • Mischief rule and purposive approach
• Literal rule

  • Plain ordinary meaning, follow words even if leads to absurdity (Lord Esher)
  • Example: Whitely v Chapel led to an absurd result
• Literal rule advantages

  Provide certainty, straightforward, as written
• Literal rule disadvantages

  Absurd results, ensume acts perfect as enacted, injustice
• Golden rule

  • Can avoid interpretation that leads to absurd result (Lord Wensleydale)
  • Two types: Narrow (only choose from possible words), Wide - (if only 1 meaning possible can modify words)
• Golden rule advantages

  Attempt to respect supremacy, way out of injustice
• Golden rule disadvantages

  Inconsistent, still limited justice
• Mischief rule

  • Considers what mischief act intended to cure (Heydon's Case)
• Mischief rule advantages

  Just results, avoid loopholes
• Mischief rule disadvantages

  Beyond authority, uncertain