Wording in statutes is ambiguous, meaning of words can change over time, errors in drafting
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Intrinsic aids?
Punctuation, the long and short title, statutes have sections and numbers
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Extrinsic aids?
Hansard (worked in Pepper v Hart, did not work in R v Deegan), dictionaries, other precedents (Re G&R)
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Presumptions used in interpreting legislation?
Crown Court are not bound by legislation/statues unless it expressly says so, court will prefer the statute which does not alter the common law (Leach v R)
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Ejusdem Generis rule?
When a list of specific words are followed by a general word (Gregory v Fearn)
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What are the different rules?
Literal rule, golden rule, mischief rule, purposive approach
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What is the literal rule?
When judges take the statute for every word as its original, literal meaning
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What are the advantages of the literal rule?
It sits with what Parliament think judges and want judges to do, encourages good parliamentary drafting and promotes certainty
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What are the disadvantages of the literal rule?
Uncertain, can lead to unfair outcomes, relies on draughtsmen doing a perfect job, criticised by Lord Denning
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What are cases used in the literal rule?
Khan 2008, Fisher v Bell 1960
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What is the golden rule?
It is an extension of the literal rule, allows judges to depart from a meaning of a word if it has two meanings in order to avoid a harsh outcome
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What are the advantages of the golden rule?
Fairness, promotes justice, allows judges to avoid terrible outcomes
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What are the disadvantages of the golden rule?
Not helpful when a word has two logical meanings, unclear what counts as absurdity, and it is erratic and obscure
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What cases were used in the golden rule?
Becke v Smith and R v Allen
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What is the mischief rule?
This is when the judges can look at the statue and the old law to figure out what the new late is trying to achieve
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When was this rule first made?
Heydon 1584
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What are the advantages of the mischief rule?
Allows judges to look at the context, wider terms, most sensible results from all rules, favoured by the Law Commission
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What are the disadvantages of the mischief rule?
How can judges know what parliament were trying to achieve? has been taken over by the purposive approach to a certain extent, judges accused of interfering with public policy, relies on extrinsic aids
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What cases were used in the mischief rule?
Smith v Hughes 1969
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What is the Purposive Approach?
Similar to the mischief rule,
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Other cards in this set
Card 2
Front
Intrinsic aids?
Back
Punctuation, the long and short title, statutes have sections and numbers
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