Statutory Interpretation Mindmap
- Created by: hollysmiith
- Created on: 08-04-15 17:11
View mindmap
- Statutory Interpretation
- Literal Rule
- Plain, ordinary grammatical rule
- Berriman Train Case
- Fisher V Bell Flick Knives
- :)
- Parl. sovereignty respected
- Judges role restricted
- Consistent, predictable law
- Disadvantage
- Can produce absurd, unjust or repugnant outcomes
- Plain, ordinary grammatical rule
- Golden Rule
- POG unless AIR outcome
- Narrow Application
- R v Allen
- Choose least AIR definition
- Wide Application
- Re: Sigsworth
- Modify the definition to avoid AIR
- Narrow Application
- :)
- Prevents AIR
- Closer to Parl's intentions
- Judge role still restricted
- :(
- Too much judge power
- Unpredictable law
- POG unless AIR outcome
- Mischief Rule
- Identify original mischief
- What was old common law?
- What mischief didn't it rememdy?
- What was Parl's intentions?
- Smith v Hughes
- Royal College of Nursing
- :(
- Out of date - Heydon's case was 16th cent
- Too much jude power
- Mischief hard to identify
- :)
- Allows judges to update law
- Closes loopholes
- Flexible
- Avoids AIIR
- Identify original mischief
- Purposive Approach
- Modern mischief rule
- Human Rights Act 1998
- Keeps UK in line with EU law
- ex parte Smith Psycho adopted son
- :)
- More like intention of Parl
- Leads to individual justice
- Allows for changing circumstances
- :(
- Too much power to unelected judges
- Judges may make decisions based on public policy
- Modern mischief rule
- Intrinsic Aids
- Long/short title of act
- Preamble
- Schedules
- Interpretation/Definition Section
- Punctuaion
- Extrinsic Aids
- Dictionaries
- Textbooks
- Interpretation At 1978
- Reports of Law reform bodies
- Explanatory Notes
- Hansard
- Pepper V Hart
- Previous Acts
- Rules of Language
- Ejusdem Generic
- General words interpreted in accordance with the particular words
- Allen V Emerson
- General words interpreted in accordance with the particular words
- Expression Unius Est Exclusio Atterium
- Expression of one thing implies the exclusion of another
- Channel Tunnel Act
- Expression of one thing implies the exclusion of another
- Noscitur a Sociis
- Meaning of word must be gathered from its context
- Muir Keay
- Meaning of word must be gathered from its context
- Ejusdem Generic
- Literal Rule
- :)
- Allows judges to update law
- Closes loopholes
- Flexible
- Avoids AIIR
Comments
No comments have yet been made