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Statutory Interpretation (Legislation (Delegated Legislation (drawbacks…
Statutory Interpretation
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Rules of Interpretations
The Literal Rule
judges look to the text to give it its plain and ordinary meaning. If legislation is interepreted literally, may not always achieve its objective (Whitley v Chappel)
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The Mischief Rule
Enable to interpret legislation in light of the mischief/problem that the legislation had intended to remove (Smith v Hughes)
The Purposive Approach
Europe - allows the court to look at the intention of Parliament rather than interpreting the words literally
Legislation
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Superiority of Legislation (the will of elected representatives should prevail over that of appointed judges)
- Bill (drawn up by Parliamentary draftsmen)
- First reading (title read out, date fixed for the second hearing
- Second hearing (general principles debated, vote on)
- Committee stage (clause by clause consideration by a standing committee, amendment made)
- Report stage (committee reports back to the House of Commons)
- Third reading (further debate on the content of the Bill)
- House of Lords - for consideration
- House of Commons - to consider amendments by the House of Lords
- Queen - royal assent - law
Delegated Legislation
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advantages
saves Parliamentary time, allows rules to be made more quickly
grants access to particular expertise, applied local knowledge
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