Statutory Interpretation Mind Map

  • Created by: aKayc
  • Created on: 15-11-22 12:16
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  • Statutory Interpretation
    • Common Law Rules of Interpretation
      • The Literal Rule: Words are given their plain, ordinary meaning even if the result is absurd.
        • Whiteley v Chappell: A dead person is not literally 'entitled to vote' so defendant couldn't be guilty.
      • The Golden Rule(Narrow) Interpretation between possible meanings is allowed to avoid an absurd result
        • R v Allen: 'shall marry' means the same as going through the ceremony of marriage
      • The Mischief Rule looks to see what 'mischief' the Act was meant to cover and interpret the act accordingly
        • Elliot v Grey: The car was an uninsured hazard so came under the Road Traffic Act
      • The Purposive Approach looks to see what Parliament meant to achieve in the act
        • Jones v Tower Boot Co: Ruled that Parliament's intention was to eliminate discrimination
      • Golden Rule (Wider) Words of the statute can be modified to avoid a repugnant result
        • Re Sigsworth: Act was amended so that you can't inherit if you killed the person
    • Rules of Language
      • Ejusdem Generis: Where a list of words is followed by a general word, it is limited to the same type of words as those in the list
        • Hobbs v CG Robertson: Brick was not ejusdem generis with stone/****
      • Expressio Exclusio:  Where a list of specific words isn't followed by a general word, the act applies only to the list
        • Tempest v Kilner: Stocks weren't specifically mentioned so the act didn't apply
      • Noscitur a sociis: Words must be looked at in context
        • Inland Revenue v Frere: Definition of interest was decided to mean only annual interest
    • Intrinsic Aids To Interpretation
      • These are found within the statute and can also help define words
        • E.g. Long title, Preamble, Marginal Notes, Headings
    • Extrinsic Aids To Interpretation
      • These are matters outside the Act which can help explain the meaning of words in the Act
        • E.g. Previous Acts of Parliament, Historical Setting, Hansard, Reports of Law reform Bodies


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