Statutory interpretation

• Literal rule


  - judge uses the words plain ordinary meaning
• Mischief rule


  - looks at what the mischief/problem was before act was passed

  - what was it trying to sort out
• Purposive approach


  - looks forward to see what the act intended

  - parliaments purpose/reason for passing the act
• short and long title (Intrinsic aid)


  - short = name of act

  - long = paragraph below the short title, sets out parliament intention
• Headings (Intrinsic aid)


  - guide the reader as to the content in that section
• dictionaries (Extrinsic aid)


  - must be the dictionary published at the time the act was passed as meanings change overtime
• Previous case law (Extrinsic aid)


  - judges have to follow precedent set on same POL in earlier case
• reports of law reform bodies (Extrinsic aid)


  - help identifies the problems in the law
• Human rights law (EXtrinsic aid)


  - first allowed in FOTHERGILL V MONARCH AIRLINES
• previous acts of parliament (EXtrinisic aid)

  - see how the laws changed by the current act