statutory interpretation

Statutory interpratation 

there are ways that are used to interprate the laws 

• literal - where the words in the statute are taken to mean thier ordinary dictianary definition 

cases

berriman - her husbamd was working on train tracks oiling the points a train came and killed him. it was ruled train co did not have to pay life insurance as wording was if killed repairing or relaying tracks and MR B was only maintaining them 

cheeseman - a man publicly flashed and was arrested by an officer stationed at a set of toilets for annoyoance of passengers of the street. courts ruled that under the meaining of passenger the police man was not a passenger of the street as he was stationed at the toilets  so had no right to be annoyed by actions of cheeseman and he was found not guilty 

evaluation

+ allows clear application of the law      - risk of absurd/unfair rulings

+ no risk of judical law making     - if an old law will not work in modern society 

+ speeds up rulings as clear rule  - words can have multiple meanings

+ respects parliament supremecy - ignores words meaing change over time    

• golden-  states if the literal rule would produce an absurd ruling the courts should look for another meaning of the words that avoids the absurdity. two sub ways to interpret the golden rule narrow and wide. Narrow states that if two meanings the to words the courts can choose which to take but if only one meaning that one must be taken. wide if only one meaning but it would lead to an absurdity the courts can modify the meaning to avoid the absurdity

cases

narrow application alder v george - a man…