Approaches to Statutory Interpretation

Rules / Approaches when dealing with a Statute that requires interpreting.

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Literal Rule
Give the words contained in the Statute
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Golden Rule
More flexible approach to rectify absudity
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Mischief Rule
Problem with the Statute, looks at Parliaments intention in passing the Act
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Purpose Approach
Lord Denning said this is the
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CASE - Whiteley v Chappel (1968)
Literal
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CASE - Elliot v Grey (1960)
Mischief
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CASE - Magor and St. Mellons Rural Distinct Council v Newport Corporation (1950)
Purpose
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CASE - Adler v George (1964)
Golden
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CASE - Whiteley v Chappel (1968)
Defendant in question had pretended to be a dead person and taken their vote.
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CASE - Adler v George (1964)
Defendant in this case had obstructed an officer in an army base
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CASE - Elliot v Grey (1960)
A broken down car was parked on the road but was not able to be
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CASE - Mgor and St. Mellons Rural Distrinct Council v Newport Corporation (1950)
‘we sit here to find out the intention of Parliament and of ministers and carry it out, and we do this better by filling in the gaps and making sense of the enactment by opening it up to destructive analysis’
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Other cards in this set

Card 2

Front

Golden Rule

Back

More flexible approach to rectify absudity

Card 3

Front

Mischief Rule

Back

Preview of the front of card 3

Card 4

Front

Purpose Approach

Back

Preview of the front of card 4

Card 5

Front

CASE - Whiteley v Chappel (1968)

Back

Preview of the front of card 5
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