Statutory Interpretation Revision Cards

Just a few revision notes that i created to help me with my module G152 Sources Of Law AS Level in January 2013

  • Created by: piarrafr
  • Created on: 12-01-13 18:05
Literal Rule- Judges give the words their plain and natural dictionary definition.
- Assumes drafting is correct, however even the most talented of draftsmen can not predict every outcome (medical advances, technological advances etc)
1 of 7
Golden Rule- If the words in the act are ambiguous, the court should adopt the meaning which leads to the fairest result.
+Can avoid absurd/harsh results caused by literal rule
2 of 7
Mischief Rule- Allows judges to look at the former statute containing relevant law, which was amended in the current Act, in order to see what Parliament was trying to remedy. (Heydon's Case 1584 )
+Allows judges to identify problem Parliament was trying to fix, helps to avoid injustice.
3 of 7
Purposive Approach- Goes beyond mischief rule and is a more modern and progressive approach. It is more contextual then the other rules. It has been influenced by approach for interpreting EU law and HRA 1998. It allows judges to look at the broad pu
+Much wider approach, gives judges more discretion
4 of 7
Other Aids to Interpretation:
Intrinsic Aids- Found within the Statute. These can be:
5 of 7
Extrinsic Aids- Found outside the statute. These can be:
Presumptions
6 of 7
The Rules of Language
+Allows flexibility in drafting
7 of 7

Other cards in this set

Card 2

Front

+Can avoid absurd/harsh results caused by literal rule

Back

Golden Rule- If the words in the act are ambiguous, the court should adopt the meaning which leads to the fairest result.

Card 3

Front

+Allows judges to identify problem Parliament was trying to fix, helps to avoid injustice.

Back

Preview of the back of card 3

Card 4

Front

+Much wider approach, gives judges more discretion

Back

Preview of the back of card 4

Card 5

Front

Intrinsic Aids- Found within the Statute. These can be:

Back

Preview of the back of card 5
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