Statutory Interpretation

  • Created by: erw16
  • Created on: 05-11-18 09:24
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  • Statutory Interpretation
    • Rules of Statutory Interpretation
      • Golden Rule
        • Narrow Approach
          • Choose between the meanings of the words
            • Lord Wensleydale (Grey v Pearson): "The ordinary ordinary sense of the word is to be adhered to, unless it would lead to an absurdity, when the ordinary sense may be modified to avoid the absurdity but no further"
              • One clear meaning but would lead to an absurd result, the golden rule would be modified the words in order to avoid the absurdity
          • Adler v George
        • Wide Approach
          • One clear meaning but would lead to an absurd result, the golden rule would be modified the words in order to avoid the absurdity
          • Re Sigsworth
      • Mischief Rule
        • Heydon's Case 1584
          • Looks at gaps in previous law and interprets the act to cover them
        • If it "is possible to determine from the Act the precise 'mischief' the Act was to remedy" - Lord Diplock
        • Smith v Hughes
        • RCN v DHSS
      • Literal Rule
        • Whitley v Chappell
        • London and North Eastern Railway Co. v Berriman
        • Lord Reid: "not what Parliament meant, but the true meaning of the words they used"
      • Purposive approach
        • Recommend by Law Commission and EU.
        • What the purpose of the law is
          • What Parliament meant to achieve with the new law
        • R v Registrar-General, ex parte Smith
        • R v Coleman
    • Aids to Statutory Interpretation
      • Intrinsic Aids
        • Introductory text
        • Long title
        • explanatory notes in the margins
        • Glossary of key terms
      • Rules of Language
        • Ejusdem Generis
          • Of the same kind
          • Talbot v Oxford City Magistrates' Court
        • Expressio unius est exclusio alterius
          • Expressing one excludes the other
          • Tempest v Kilner
        • Noscitur a sociis
          • It is recognized by partners
            • Meaning is within the context
          • Inland Revenue v Frere
      • Extrinsic aids
        • Historical context
        • Dictionary's and text books
        • previous commercial practice
        • Hansard
          • Pepper v Hart
        • Interpretation Act 1978
    • Impacts on Statutory Interpretations
      • EU Law
        • Preferred by most EU countries
        • Used by the ECJ in interpreting EU law
        • If the law to be interpreted is based on EU law, the UK courts have to interpret it in the light of the wording and purpose of the EU law
          • When the UK leaves the EU this will no longer apply
      • Human Rights Act 1998
        • S.3
          • Legislation must be read and given effect in a way that is compatible with the rights in the European Convention on Human Rights
        • Mendoza v Ghaidan

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