Statutory Interpretation
- Created by: DeVanté
- Created on: 02-04-14 09:15
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- Statutory Interpretation
- Rules Of Interpretaton
- Literal Rule
- Under the literal rule, the words of the statute are given their natural or ordinary meaning and applied without the judge seeking to put a gloss on the words or seek to make sense of the statute.
- R v Harris (1836)
- Fisher v Bell [1961
- Whitely v Chappel (1868)
- Under the literal rule, the words of the statute are given their natural or ordinary meaning and applied without the judge seeking to put a gloss on the words or seek to make sense of the statute.
- Golden Rule
- The golden rule of statutory interpretation may be applied where an application of the literal rule would lead to an absurdity. The courts may then apply a secondary meaning
- R v Allen (1872)
- Re Sigsworth
- Adler v George
- The golden rule of statutory interpretation may be applied where an application of the literal rule would lead to an absurdity. The courts may then apply a secondary meaning
- Mischief Rule
- the mischief rule should only be applied where there is ambiguity in the statute. Under the mischief rule the court's role is to suppress the mischief the Act is aimed at and advance the remedy
- Smith v Hughes [1960]
- Royal College of Nursing v DHSS [1981]
- Elliot v Grey [1960]
- Corkery v Carpenter [1951]
- the mischief rule should only be applied where there is ambiguity in the statute. Under the mischief rule the court's role is to suppress the mischief the Act is aimed at and advance the remedy
- Purposive Approach
- Domestic judges are required to apply the Purposive approach whenever applying a piece of EU law.
- Pepper v Hart [1992]
- Domestic judges are required to apply the Purposive approach whenever applying a piece of EU law.
- Literal Rule
- Aids To Interpretation
- External Aids
- Dictionairies
- Text Book
- Hansard
- Academic Writings
- Law commission reports
- case law form other jurisdictions
- Intrinsic Aids
- Rules Of Language
- Presumptions
- Long title of the act
- Other sections of the act
- Definition sections of the act
- Explanatory Notes
- External Aids
- Rules Of Interpretaton
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