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13 Cards in this Set
- Front
- Back
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What are rules of construction also known as? |
Statutory Interpretation |
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What is the purpose of rules of construction? |
They aid judges when interpreting Acts/Legislation |
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List the 3 rules of interpretation |
The literal rule The golden rule The mischief rule |
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What is the literal rule? |
Under the literal rule, wording given in a statue is give the natural and ordinary meaning. |
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What is the golden rule? |
The golden rule was created to prevent inconsistency and absurdity when interpreting an act literally (counteracts the literal rule when required) |
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How can the golden rule be applied? |
Narrowly or widely |
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What is the mischief rule? |
It can be used to define statues more broadly, this allows the courts to deal with unforeseen loopholes or ambiguity within the legislation. |
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What are the advantages of the literal rule? |
Restricts the role of the judge Provides no scope for judges to use their own opinions or prejudices Upholds the seperation of powers Recognises Parliament as the supreme law maker |
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What are the disadvantages with the literal rule? |
There can be a disagreement as to what amounts to the ordinary or natural meaning Creates loopholes Leads to injustice Can create awkward precedents that require Parliamentary time to correct Fails to recognise the complexities and limitations of the English language Undermines public confidence in the law |
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What are the advantages of the Golden Rule
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Errors in drafting can be corrected immediately Decisions are generally more in line with Parliament's intention Closes loopholes Often gives a more just result Brings common sense to the law |
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What are the disadvantages of the golden rule? |
Judges are able to add or change the meaning of statutes and therefore become law makers infringing the separation of powers Judges have no power to intervene for pure injustice where there is no absurdity |
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What are the advantages of the Mischief rule? |
Closes loopholes Allows the law to develop and adapt to changing needs |
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What are the disadvantages with the Mischief rule? |
Creates a crime after the event, thus infringing the rule of law Gives judges a law making role infringing the separation of powers. Judges can bring their own views, sense of morality and prejudices to a case. |
