Summary Statutory Interpretation: Rules, Advantages and Disadvantages (Law)
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Course
Unit 1 LAW01 - Law Making and the Legal System
Institution
AQA
Table separating advantages, disadvantages, and examples of Statutory Interpretation such as the Literal Rule, Golden Rule, Mischief Rule, and Purpose Approach.
Statutory Interpretation
Advantages Example Disadvantage
- Parliamentary supremacy is maintained - Fisher v Bell (1961) - Can lead to unfair or unjust results/decisions - Be
- - Democratic - Stock v Frank Jones - Absurd results - W
- Maintains the Separation of Powers (1978) - If there are multiple dictionary definitions then (1
- Highlighting problems to Parliament it can’t apply - Lo
- Creates legal certainty - Draftsman do not always do their job perfectly w
Literal Rule Co
an
pe
- Prevents absurd or unjust results - Re Sigsworth (1935) - Can only be used in limited circumstances - M
- Produces a result that Parliament is likely - R v Allen (1872) - No clear definition of what an absurd result is “f
to have intended - Undemocratic as too much power is given to - M
- Respect the authority of Parliament as in judges “a
Golden Rule all other situations, the literal rule is sa
applied
- Prevents absurd or unjust results - McMonagle v - Too much power to unelected judges - RC
- Flexibility Westminster City - It is not the role of the judiciary to update and - Lo
Council (1990) change law to changing times, but Parliaments –
- Mayor v Newport - Out of date ve
Borough Council - Discovering the intention of Parliament is - 40
Mischief Rule (1952) difficult even Hansard
- Lord Denning – “fill in
gaps”
- Favoured by Europe and so helps to - Renton Committee - Allows judges to “fill in gaps” - Vi
comply with our international obligations Repot (1975) - Violating the Separation of Powers (1
- Likely to give effect to the intension of - Coltman v Bibby
Purpose Parliament Tankers (1987)
Approach
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