Rules and Approaches to Statutory Interpretation (OCR A-Level Law): Flashcards
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Practise the cards
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Literal rule definition
Literal rule definition
Words given ordinary, plain, natural meaning regardless of outcome
Case showing literal rule's unjust result
Case showing literal rule's unjust result
London & North Eastern Railway Co. v Berriman (1946)
Golden rule definition
Golden rule definition
Depart from literal meaning only when it produces absurd result
Origin of mischief rule
Origin of mischief rule
Heydon's Case (1584)
Mischief rule's aim
Mischief rule's aim
Suppress the mischief Parliament intended to remedy
Purposive approach definition
Purposive approach definition
Interpret statute according to overall purpose, not just words
Case applying purposive approach to cloning
Case applying purposive approach to cloning
R (Quintavalle) v HFEA (2003)
Section 3 Human Rights Act 1998 requirement
Section 3 Human Rights Act 1998 requirement
Interpret legislation compatibly with ECHR rights where possible
What is Hansard?
What is Hansard?
Official verbatim record of parliamentary debates
Intrinsic aids vs extrinsic aids
Intrinsic aids vs extrinsic aids
Intrinsic: within statute; Extrinsic: external sources