statutory interpretation

Question 1

what is the literal rule

Answer 1

courts will give the words their plain, ordinary or literal meaning even if the results is absurd
courts using this believe it is not their place to question whether the legislations is absurd

Question 2

what is the golden rule (wide and narrow)

Answer 2

a modification of literal rule - the court starts with the literal rule but will use the golden rule to avoid an absurd result
narrow rule - where the coat must choose between possible meanings and go with it
wide golden rule - word has one meaning but if it leads to absurd outcomes the court can modify it

Question 3

what is the mischief rule - heydon’s case

Answer 3

the judges ask; what was the old law before this act?what problem or gap (mischief) was there in this old law? what did parliament create in this new act? what is the reason for that solution?
the judge then interprets the law in a way that uses the problem (mischief) that parliament was trying to solve

Question 4

what is the purposive approach

Answer 4

purposive approach goes further then the mischief rule
judges will ask questions; what was parliament trying to achieve with this law?
what was the purpose of this law?

Question 5

what are intrinsic aids?

Answer 5

inside the act
found within the act to make its meaning clearer
long title explaining parliaments intentions
preamble - older acts have a short paragraph at the beginning setting out parliaments intentions
interpretation section - defines words or provide extended meanings
theft act 1968 defines ‘building’s’ as including an ‘inhabited vehicle or vessel’

Question 6

what are extrinsic aids

Answer 6

found outside the act and can help explain the meaning of words
dictionaries must be from the time that the act was passed as the meaning of the words change overtime
hansard - official report of any debates which take place in parliament.it can only be used by judges where the words of a act are ambiguous, obscure or lead to absurdity. even then hansard can only be referred to if the minister mentioned the obscure word in his statement
reports of law reform bodies e.g law reform commission. these can be used to help discovery the mischief or gap in the law which the report sought to solve