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approach - Runs the risk of judges being too flexible with their law making powers, A criticism of the mischief rule - Outdated and can be difficult to find the law set before it ,
0%
Statutory Interpretation
共享
共享
共享
由
Zbrook
编辑内容
打印
嵌入
更多
作业
排行榜
显示更多
显示更少
此排行榜当前是私人享有。单击
,共享
使其公开。
资源所有者已禁用此排行榜。
此排行榜被禁用,因为您的选择与资源所有者不同。
还原选项
匹配游戏
是一个开放式模板。它不会为排行榜生成分数。
需要登录
视觉风格
字体
需要订阅
选项
切换模板
显示所有
播放活动时将显示更多格式。
打开成绩
复制链接
QR 代码
删除
恢复自动保存:
?