Statutory Interpretation

Question 1

What is the literal rule

Answer 1

Where the judges use the plain ordinary dictionary meaning, even if it produces an absurd result

Question 2

What case is used for the literal rule

Answer 2

Whitley v Chappell- illegal to impersonate voter but voter was dead so wasn’t guilty

Question 3

Whats the golden rule

Answer 3

An alternative aproach:
- Wide- i meaning/no choice
- Narrow- 2 or more meanings

Question 4

What case is used for the wide approach

Answer 4

Re sigsworth- murdered next of kin, not receive money

Question 5

what case is used for the narrow approach

Answer 5

R v Allen- legal marriage and ceremony considered 2 meanings of 1 word

Question 6

Whats the mischief rule

Answer 6

Where heydons case is used to question/look at:
- what the common law was before
- the gap
- the resolution/remedy
- and the reason

Question 7

What case was used for the mischief rule

Answer 7

Smith v huges- prostitute in windows, law said they weren’t allowed to loiter in street, this was amended by including visibility in street

Question 8

Whats purposive aproach

Answer 8

• find out parliament intentions
• make sure they are achieved

Question 9

what case is used for purposive aproach

Answer 9

R v registra general ex Porte smith- not aloud birth certificate as would cause danger if received, would have been in parliaments intentions for him not to receive this