Impacts on Statutory Interpretation (OCR A-Level Law): Flashcards
📚Flashcards
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10 cards from this deck
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Practise the cards
10 cards from this deck
S3 HRA 1998 requirement for interpreting legislation
S3 HRA 1998 requirement for interpreting legislation
Interpret compatibly w/ ECHR rights 'as far as possible'
EU law's lasting influence on UK statutory interpretation
EU law's lasting influence on UK statutory interpretation
Encouraged purposive approach, likely to continue post-Brexit
Literal rule definition
Literal rule definition
Give words plain, ordinary, grammatical meaning
Literal rule key advantage
Literal rule key advantage
Respects parliamentary sovereignty & provides certainty
Case: Whiteley v Chappell (1868) outcome
Case: Whiteley v Chappell (1868) outcome
Not guilty - dead person not 'entitled to vote' (literal rule)
Golden rule purpose
Golden rule purpose
Depart from literal meaning when it produces absurd result
Mischief rule established in which case?
Mischief rule established in which case?
Heydon's Case (1584)
Purposive approach key advantage
Purposive approach key advantage
Most likely to achieve justice & adapt to social change
Zander's criticism of literal rule
Zander's criticism of literal rule
'Irresponsible' - judges shouldn't apply words causing injustice
Pepper v Hart (1993) significance
Pepper v Hart (1993) significance
Courts may consult Hansard when statute ambiguous