Statutory Interpretation

Statutory Interpretation:

Statutory interpretation is when judges have the responsibility of making sense of Acts of Parliament when there is an issue.

Literal Rule:

When a judge will take the plain and ordinary meaning of a word.

Fisher v Bell 1961

Golden Rule:

A judge can extend the meaning of a word in order to remove the absurdity caused by the literal rule. 

Adler v George 1964

Mischief Rule:

The judge seeks to find what mischief Parliament was trying to prevent, when the literal rule still causes a problem.

Smith v Hughes 1960

Purposive Approach:

Used in European Courts. When there is an issue with the literal rule, a judge will try to identify what Parliament intended. 

R v Z 2005

Aids to Statutory Interpretation:

Aids = support given to a judge to help them interpret a statute (Acts of Parliament)

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