Statutory Interpretation; Unit 1 - Notes

Notes made from a combination of resources including the Nelson Thornes text book and Philip Allan revision guide.

Covers the Statutory Interpretation option form the Law Making half of the course; Approaches, Aids to Interpretation and it's Advantages and Disadvantages

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Statutory Interpretation
Used when some words or provisions of a statute may be ambiguous
Words can have several meanings
Meaning of words can change
Changes in technology and social issues (Royal College of Nursing v DHSS)
Rushed legislation (Dangerous Dog's Act 19991)

Literal Rule:
Gives the word or phrase its…

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The interpretation that corrects the weakness or defect is the one to be adopted (Smith v Hughes)

Heydon's Case:
1) What was the common law?
2) What was the mischief common law did not provide a remedy for?
3) What remedy does the Act attempt to provide
4) What is…

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Long and Short Title will contain information on what statute is supposed to do (Royal College
of Nursing v DHSS)
Preamble (statement preceding the main body of the Act) will set out the purpose of the act
Schedules will explain information found in the Act (Hunting Act 2004)
Special definition…

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Ejusdem Generis Rule:
General words follow particular words, the general words would be interpreted to be the same as
particular words listed (Powell v Kempton)
"Cats, dogs and other animals" ­ other animals would be interpreted with cats and dogs to mean
other domestic animals
Scope for the Act to…

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