Statutory Interpretation need to know

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  • Created by: 10dhall
  • Created on: 06-05-17 22:25
What is the golden rule?
A modification/extension of the literal rule, only used when the literal rule would lead to an absurd outcome, two types: narrow and wide
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What is the narrow type?
This is when there is a word/words that have more than one meaning but one would cause an absurd outcome: R v Allen
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What is the wide type?
This is when the meaning of the word is not ambiguous but to give it it's literal meaning would lead to a repugnant outcome: sigsworth
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What are other cases involved in the golden rule?
Becke v Smith, R v Allen, sigsworth
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What are the advantages of the golden rule?
1) Allows Judges to avoid absurdity from the literal rule. 2) Can put into practice what parliament intended. 3) Respects parliament supremacy as it does not give judges full independence. 4) Allows the court to make a sensible decision
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What are the disadvantages of the golden rule?
1) No clear guidance on how/when it should be used. 2) Limited in it's use, rarely used. 3) Not possible to predict when courts will use it. 4) Judges can rewrite law; goes against separation of powers and parliament supremacy
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What is the mischief rule?
Recognised in Hayden 1584 and are 4 functions: What was the common law before the act? what was the mischief and defect for which the common law did not provide? What remedy did P appoint to cure the disease of commonwealth? What is the true reason?
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Cases involved in the Mischief rule?
Smith v Hughes, Alphacell v Woodward, Bradford v Wilson
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What are the advantages of the mischief rule?
1) Avoids absurdity; repairs bad law. 2) Flexibility; can reveal parliaments intention saving them time. 3) Reforming and improving the law through social/economic changes. 4) Alternative to the golden and literal but more narrow than purposive
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What are the disadvantages of the mischief rule?
1) Redundant - no longer needed; purposive. 2) Allows potential judicial law making. 3) Can only be used if it's parliament's intention. 4) How to tell what their intention truly is. 5) Judges have different conclusions
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What is the literal rule?
Gives words their original and literal meaning, means applying it even if it results in absurdity, respects parliament supremacy and relies on a dictionary
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Cases involved in the literal rule?
Fisher v Bell, Cheeseman v DPP, Whiteley v Chappel
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Advantages of the literal rule?
Creates certainty, encourages good parliamentary drafting, carries out parliament's intention, stands with the separation of powers, parliament supremacy
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Disadvantages of the literal rule?
Lead in absurd/harsh outcomes, criticised by Lord Denning, relies on perfect drafting from parliament, one word can have two meanings
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What is the purposive approach?
Looks at what parliament were trying to achieve, the purpose of the act, considers the context, broader than the mischief rule, extrinsic aids essential and is being increasingly used
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What are the cases involved in this?
Fitzpatrick v Sterling Housing Association, Jones v Tower Boot, Coltman v Bibby Tankers
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What are the advantages of the purposive approach?
Gives effect to parliaments intention, avoids harsh analysis of language, further than the mischief rule, allows the law to develop
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What are the disadvantages of the purposive approach?
Limited and can only be used if the judge can find parliament's intention, gives judges too much power, allows judicial law making going against separation of powers and parliament supremacy, relies on extrinsic aids, difficult to find P's intention
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What happened in the case of Fisher v Bell?
In this case, a shop owner advertised a knife in the window with a price tag on it - statute law made this an offence to offer, but he stated it was not an offer but an invitation. (Example of: literal rule)
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What happened in the case of Cheeseman v DPP?
A man kept exposing himself to people in a bathroom, so the police stood by. It is criminal to expose to passengers - not walker bys. (Example of: literal rule)
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What happened in Whiteley v Chappel?
It is illegal to impose a person eligible to vote, although the person he imposed was dead and therefore not eligible to vote. (Example of: literal rule)
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What happened in Becke v Smith?
It is stated by the judge that the golden rule is useful to avoid repugnant and absurd outcomes. (Example of: golden rule)
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What happened in Sigsworth?
D murdered his mum accused to want her insurance/money although she hadn't made a will - making the literal rule absurd if it were to be used. (Example of: golden rule)
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What happened in R v Allen?
It is illegal to marry two people at once but the statute made it absurd that people who get divorced then remarry would also be guilty - literal rule would have been absurd, defendant did not realise. (Example of: golden rule)
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What happened in Fitzpatrick v Sterling Housing Association?
This was changed the law in the family act. (Example of: purposive approach)
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What happened in Jones v Towerboot?
In this case the Court of Appeal reversed their decision using the purposive approach. (Example of: purposive approach)
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What happened in Coltman v Bibby Tankers?
In this case the court achieved Parliament's intention by including a 'ship' into the term 'equipment' (Example of: purposive approach)
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What happened in Alphacell v Woodward?
The D negligently polluted a river. (Example of: mischief rule)
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What happened in Smith v Hughes?
Prostitues were advertising themselves in windows and premises - but the statute said 'public places' could not be found guilty. (Example of: mischief rule)
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Other cards in this set

Card 2

Front

What is the narrow type?

Back

This is when there is a word/words that have more than one meaning but one would cause an absurd outcome: R v Allen

Card 3

Front

What is the wide type?

Back

Preview of the front of card 3

Card 4

Front

What are other cases involved in the golden rule?

Back

Preview of the front of card 4

Card 5

Front

What are the advantages of the golden rule?

Back

Preview of the front of card 5
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