LNER v Berriman - Oiling a track did not come under 'relaying and repairing' , Cheeseman v DPP - Police stationed at the toilets were not 'passengers' , The Literal Rule - Judges follow an act word for word and use only the 'plain and ordinary' meaning., The Golden Rule (Narrow) - When a word has more than one meaning, a judge can choose the best fitting approach , The Golden Rule (Wide) - When the wording of an act is clear, a judge can modify the meaning of an act to avoid a 'repugnant' situation, The Mischief Rule - 1. Identify the common law before the act 2. Identify the 'gap'/'mischief' in the old law 3. Look at parliament's remedy 4. Interpret the law with the remedy in mind , The Purposive Approach - Consider Parliament's intention when interpreting the law , RCN v DHSS  - Abortion Act was created to prevent the mischief of backstreet abortions. Nurses could carry out abortions safely. , Smith v Hughes - The Act was created to prevent the mischief of harrassment of the public. The ladies in a private building were still harassing public. , R v Z (NI) - Parliament's intention in creating the Terrorism Act was to prevent terrorist organisations. The 'Real' IRA were still guilty even though not a 'proscribed organisation', R v Allen - 'Shall Marry' was interpreted to also mean to go through a marriage ceremony , Re Sigsworth - It would have been repugnant to reward a murderer with giving him his deceased mother's estate , R v Registrar General ex parte Smith - It would not be parliament's intention to put a person in danger by allowing the D to have access to his birth parents details , A criticism of the golden rule - 'A feeble parachute' - it's limited in it's practice and can only be used in limited circumstances , A critcism of the literal rule - Often leads to absurdities and unfair outcomes , A criticism of the purposive approach - Runs the risk of judges being too flexible with their law making powers, A criticism of the mischief rule - Outdated and can be difficult to find the law set before it ,

Statutory Interpretation

door
Afdrukken
Embedden

Scorebord

Visuele stijl

Opties

Template wisselen

Automatisch opgeslagen activiteit "" herstellen?