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AQA - AS Law…read more

Slide 2

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- Extrinsic and · Descriptions or each
Intrinsic Aids aid, and each rule of
- Rules of language
Language · Refer to cases
Outline the · Literal and
Statutory Rules of Mischief
Interpretation · Golden and
- With cases Purposive
· Outline the
Advantages advantages and
and disadvantages of
Disadvantages each rule of
approach…read more

Slide 3

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What is Statutory Interpretation?
· The interpretation of Acts of Parliament by the judges
Why do we have it?
· Broad terms used in acts
· Ambiguous words (more than 1 meaning)
· Change in society (meanings of words change over time)
· Different perspectives (racial, religious, political
perspectives see different ideas differently)
· New technology, modern society (internet, drug use etc.)
38…read more

Slide 4

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The Rules of Interpretation ­
Literal Rule
Gives the words in the Act, their natural, ordinary or dictionary
Whiteley v Chappell (1868)
Made an offence to impersonate `any person entitles to vote in
an election.' ­ Voted in the name of a dead person.
Not guilty ­ as `any person' doesn't include dead people
Fisher v Bell (1961)
Made an offence to `sell or offer sale' of an offensive weapon ­
Defendant displayed flick knives in shop window. pg.
Not guilty ­ as goods in a shop window are an `invitation to treat' not 38
to `sell or offer sale'…read more

Slide 5

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The Rules of Interpretation ­
Golden Rule
Extension of the Literal Rule, Courts look at the literal meaning of
a word, but to avoid an absurd result, can stop using this literal
Narrow Approach ­ Where words have multiple meanings, BUT
the judge selects the meaning that suits the case AND avoids
Allen (1872) ­ Questioning word `marry'
Broad Approach ­ Words that have only 1 literal meaning, BUT
would lead to an absurd result, so courts MODIFY the meaning
to avoid absurdity
Adler v George (1964) ­ Questioned `In the vicinity of a 39
prohibited place'…read more

Slide 6

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The Rules of Interpretation ­
Mischief Rule
Looks at the gap in the law that Parliament where trying to fill, (the
mischief the act is trying to remedy)
Originated from: Heydon's Case (1584)
1. Looking at previous common laws
2. Exploring what is wrong with the law
3. What remedy does the act attempt to provide?
4. What is the true reason for the remedy?
Smith v Hughes (1960) ­ An offence to `solicit in the street or public
place' ­ Prostitutes where on a balcony soliciting. ­ Looked at mischief pg.
it tried to remedy ` clean up streets' ­ So found guilty as didn't matter 39
where on the streets it was ­ soliciting was still taking place…read more

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