Statutory Interpretation Adv. and Disad.
- Created by: raj5009
- Created on: 15-05-16 16:14
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- Statutory Interpretation
- Canons of Construction
- Literal Rule
- Leaves law making to parliament
- Respects Parliamentary Sovereignty
- Produces unjust outcomes
- Doesn't always give effect to Parliaments intentions
- Assumes perfection from draftsmen
- Golden Rule
- Prevents absurd decisions
- More likely to follow intentions of Parliament
- Uncertainty as to absurd outcome
- Too much power
- Mischief Rule
- Avoids absurd decisions
- Promotes flexibilty
- Law commission favour it
- Too much power
- Not easy to identify michief
- Out of date
- Used by judges to update legislation
- Purposive Apporach
- Consistent with EU
- Gives effect to intentions
- Too much power
- Judicial decisions based on opinions
- Literal Rule
- Rules of Language
- Ejusdem Generis
- No need for draftsmen to foresee every circumstance
- Can make law unpredictable and inconsistent
- Noscitur a Sociis
- Statutes can be up to date and adapted
- Gives too much scope for judicial making
- Expressio est unius est exclusio alterius
- A finite list, so outcome is more certain
- Makes statute too rigid, no scope to develop
- Ejusdem Generis
- Aids
- Intrinsic
- Preamble & Long title can be useful for purposive/mischief rule
- Schedules are useful in understanding provisions of Act
- Most Acts dont have a long title or preamble
- Statutes can be carelessly worded when rushed (Dangerous Dogs Act)
- Extrinsic
- Dictionaries useful for literal/golden rule
- Previous Acts- help identify mischief
- Hansard useful for Purposive
- Dictonaries will not help finding Parliments intention
- Hansard can slow down court process and be just as unclear or bias
- Intrinsic
- Canons of Construction
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