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Statutory Interpretation - Coggle Diagram
Statutory Interpretation
The literal rule - words used in a statute are to be given their ordinary, plain and natural meaning
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The golden rule - To avoid the unnatural and sometimes absurd outcome that can result from the over-literal application of the literal rule
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Purposive Approach - most recent 'rule' and most accurately reflects how modern judges approach their interpretive task.
To interpret legislation in a (purposive) way to seek compatibility with the European Convention on Human Rights.
The contemporary approach - 'instinctive' approach of modern judges as a combination of the literal and purposive interpretations
Linguistic presumptions
• Expressio unius est exclusio alterius (“the expression of one thing is to the exclusion of another’)
The express mention of one thing excludes its extension to others. This presumption may be used where there is a list of items with no general words that follow. The presumption is that, because this is a closed list, Parliament intended only to include those items that are stated.
Tempest v Kilner (1846) - goods, wares & merchandise - stocks & shares not included in this
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