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Stack #4566583

QuestionAnswer
Literal rule literal definition of word
cases whitely v chappel LNER v Berriman Fisher v Bell
Advantage predictable outcome
disadvantage Absurdity/unjust outcome words have more than 1 meaning/definition
Golden rule look at literal meaning but to apply it would cause an absurdity narrow broad
Narrow approach More than 1 meaning so judges choose what one to use
Broad approach 1 meaning but to apply would cause an absurdity so judge modifies
cases Resigsworth Allen Adler v George
Advantage Allows judges to choose most sensible meaning prevents problems cause be literal rule
Disadvantage Absurdity may mean diff things to diff judges unconstitutional may give judges too much powe
Mischief rule look at law before the act was passed to look at the gap/mischief that the act intended to cover
Cases Heydons case Smith v hughes RCN v DHSS
Advantage Helps remove the absurdity/injustice promotes purpose of the act
Disadvantage unconstitutional risk of judicial law making outdated made in 1500s
Purposive approach Look at gap in old law but also the purpose of the act judge trying to see what parliament wanted to achieve with the act
Cases Ex parte smith v Secretary of state, Fitzpatrick v SHA
Advantage Avoid absurdity/injustice gives effect to parliaments true intentions
Disadvantage only used if judge finds parliaments intention which is hard to find trying to find the intention relies on extrinsic aids heydons case
Intrinsic aids The long title preamble schedules interpretation section individual section objective section
Created by: myacutts1
 

 



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