Stat Interpretation
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- Created by: MatthewAlmond
- Created on: 13-06-22 10:07
Literal Rule
Words given their plain, dictionary meaning
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Advantages of Literal Rule
- Follows the words that parliament has used. Since parliament = democratic law-making body, only right that law is applied how its written. Prevents unelected judges from making law
- Respects parliamentary sovereignty over judicial discretion as use of
- Respects parliamentary sovereignty over judicial discretion as use of
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Disadvantages of literal rule
- Drafted law cant always cover every situation parliament intended (Whiteley v Chappell 1868)
- Assumes every act is perfect (Dangerous Dogs Act 1991)
- Multiple meanings to words so rely on judges to choose a meaning
- Assumes every act is perfect (Dangerous Dogs Act 1991)
- Multiple meanings to words so rely on judges to choose a meaning
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Golden Rule (Narrow)
Words have more than one meaning - judge chooses a meaning which is least absurd
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Golden Rule (Wide)
Word has one meaning but literal use of the meaning results in repugnant situation, so judge will change the meaning for circumstances of the case
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Mischief Rule
Court should look to see what the law was before the act was passed in order to discover what gap the Act was intended to cover. Then interpret act to cover this gap
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Definition of Mischief Rule (Heydon's case 1584)
what was the...
what was the...
1. Common law before the making of the act
2. Mischief and defect for which the common law did not provide
3. Remedy that parliament intended
4. The True reason of the remedy
2. Mischief and defect for which the common law did not provide
3. Remedy that parliament intended
4. The True reason of the remedy
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Advantages of mischief rule
- Promotes purpose of the law, more likely producing a just result (Smith v Hughes) from public pov, would it been just if prossys were acquitted just because they werent on the street?
-Law commission prefers this, recommended that it should be the only
-Law commission prefers this, recommended that it should be the only
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Disadvantages of mischief rule
- Doesn't respect parliamentary sovereignty as judges can change/write law and brings into q whether judges are overstepping with their roles
- May lead to uncertainty in the law, making legal advice difficult
- Not as wide as purposive law, so cannot be
- May lead to uncertainty in the law, making legal advice difficult
- Not as wide as purposive law, so cannot be
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Purposive Approach
Not seeing what the gap was in law before act nor looking at literal meaning,
but the judges decide what they believe parliament meant to achieve and giving effect to that purpose.
but the judges decide what they believe parliament meant to achieve and giving effect to that purpose.
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Advantages of purposive approach
- Judges can take into account new technology introduced after passing of the act
- Judges can fill in any gaps in the law left by parliament or dealing with new situations
- Judges can fill in any gaps in the law left by parliament or dealing with new situations
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Disadvantages of purposive approach
- Undemocratic as judges are interpreting laws in a way they consider parliament meant, and judges arent accountable for decisions they make in court
- Litigation = uncertain and expensive. Legal advice is difficult as lawyers will not know until the fina
- Litigation = uncertain and expensive. Legal advice is difficult as lawyers will not know until the fina
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Other cards in this set
Card 2
Front
- Follows the words that parliament has used. Since parliament = democratic law-making body, only right that law is applied how its written. Prevents unelected judges from making law
- Respects parliamentary sovereignty over judicial discretion as use of
- Respects parliamentary sovereignty over judicial discretion as use of
Back
Advantages of Literal Rule
Card 3
Front
- Drafted law cant always cover every situation parliament intended (Whiteley v Chappell 1868)
- Assumes every act is perfect (Dangerous Dogs Act 1991)
- Multiple meanings to words so rely on judges to choose a meaning
- Assumes every act is perfect (Dangerous Dogs Act 1991)
- Multiple meanings to words so rely on judges to choose a meaning
Back
Card 4
Front
Words have more than one meaning - judge chooses a meaning which is least absurd
Back
Card 5
Front
Word has one meaning but literal use of the meaning results in repugnant situation, so judge will change the meaning for circumstances of the case
Back
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