Statutory Interpretation
- Created by: holly_marshall
- Created on: 11-11-15 11:16
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- Statutory Interpretation
- Literal Rule
- Literal meaning of word
- Whiteley V Chappell
- Fisher V Bell
- R V Harris
- Advantages
- Parliamentaty Sovereignty is maintained
- Highlights problems with law to Parliament
- Fisher V Bell
- Creates Legal Certaintiy
- Stock V Frank Jones - Lord Simon
- Disadvantages
- Unfair/unjust decisions
- London and NER V Berriman
- No effect to intention of Parliament
- Fisher V Bell and Whiteley V Chappell
- What if there's multiple definitions?
- Drafstment dont do job perfectly
- Unfair/unjust decisions
- Golden Rule
- Narrow approach
- R V Allen
- Broad approach
- Re Sigworth
- Advantages
- Prevents absurd/unjust results
- Re Sigworth
- Parliament would have intended
- Respects authority of Parliament
- Prevents absurd/unjust results
- Disadvantages
- Only used in limited circumstances
- Zander - feeble parachute
- No clear definition of what an absurd result is
- Zander - unpredictable safety valve
- Undemocratic - too much power to judges
- Only used in limited circumstances
- Narrow approach
- Mischief Rule
- Created from Heydons Case 1584
- Ambiguity in the statue
- Smith V Hughes
- Advantages
- Prevents absurd or unjust results
- McMonagle V Westminster City Council
- Flexibility "fill in the gaps"
- Social, economic and technological circumstances
- Prevents absurd or unjust results
- Disadvantages
- Too much power given to judges
- Not role of judicary to change laws
- RCN V DHSS
- Discovering Parliaments intention is hard
- Out of date
- Purposive Approach
- Purpose of legislation
- What Parliaments intention was
- Favoured in Europe
- Pepper V Hart (referred to Hansard)
- Advantages
- Favoured by EU
- Likely to give effect to intention of Parliament
- Coltman V Bibby Tankers
- Similar to Mischief Rule
- Disadvantages
- Too much power to judges
- Allows judges to 'fill in the gaps'
- Finding Parliaments intetion is not easy
- Aids to Interpretation
- Intrinsic
- Long and short titles
- Punctuation
- Schedules
- Interpretation sections
- Preamble
- Extrinsic
- Previous Acts
- Dictionaries
- Text books and legal journals
- Debates
- Explanatory notes
- Intrinsic
- Rules of language
- Ejusdem Generis Rule
- Hobbs V Robertson ltd.
- Expressio Unius Exclusio Alterius
- Tempest V Kilner
- Noscitur a sociis
- Ireland Revenue Commisioners V Fere
- Ejusdem Generis Rule
- Literal Rule
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