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Statutory Interpretation (Golden Rule (Advantages (Courts can make…
Statutory Interpretation
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Interpretive Aids
Intrinsic
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Preamble
Followed by the Preamble - A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute.
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Golden Rule
Wide Application
Only one meaning, but modify to stop an absurd result
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Advantages
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Parliament does not need to pass new legislation, saving time
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Narrow Application
If a word is ambiguous, the judge can choose a possible meaning
Rules of Language
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Ejusdem generis
"Dogs, cats and other animals" means ONLY domestic pets, not wild animals
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Re Stockport Ragged, industrial and Reformatory Schools )1898)
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' cathedral, collegiate, chapter and other schools" means ONLY church schools
Mischief Rule
Judges look for the "mischief" that the law was attempting to prevent and modify it to make sure that intention is achieved
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Literal Rule
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To apply the words of the statute literally, exactly as they are written.
Fisher V Bell (1960)
Knife displayed in shop window should have been contrary to Restriction of Offensive Weapons Act, 1959. The literal rule was applied to say that the display was not a contract/offer to see but just an "invitation to treat"
Where the words carried a clear meaning, a literal interpretation applied