Constitutional Statutory Interpretation Notes PDF

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notes and cases for SI...

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Constitutional / Statutory Interpretation Notes The need for Statutory Interpretation (5) - Changes in the use of language - Cheeseman V DPP (1990) ● Ambiguity ● Drafting error ● New Developments - Royal College of Nursing V DHSS (1981) ● A Broad Term - Dangerous Dogs Act 1991 Rules of Interpretation (3) ● Literal Rule ● Golden Rule ● Mischief Rule Literal Rule definition - Courts give a words their plain, ordinary meaning, even if the result is not very sensible Cases for Literal Rule ● R V Harris (1836) ● Fisher V Bell (1960) ● Whiteley V Chappell (1868) Golden Rule definition - Looking at the literal meaning but the court is allowed to avoid an interpretation which would lead to an absurd result Cases for Golden Rule (narrow) ● Jones V DPP (1962) ● R V Allen (1892) ● Adler V George (1964) Cases for Golden Rule (broad) - Re Sigsworth (1935) Mischief Rule definition - Court looks at what law was before the act in order to discover what gap or mischief the Act was intended to cover Cases for Mischief rule ● Originates from: Heydon's case (1584) ● Smith V Hughes (1960) ● Royal College of Nursing V DHSS Purposive approach definition - Not just looking for the gap in old law, the Judges go beyond to decide what they believe Parliament meant to achieve Purposive approach cases - Magor & St Mellons V Newport Corp (1950)

Presumptions (4) ● No change to common law ● Mens Rea ● Crown not bound ● No retrospective effect Case for 'Mens Rea' - Sweet V Parsley (1970) Case for 'No change to common law' - Leah V R (1912) Mens Rea (3) ● Ejusdem Generis ● Expressio Unius ● Noscitur a sociis Ejusdem Generis definition - general words which follow a list are limited to the same kind ● case for Ejusdem Generis - Hobbs V CG Robertson Expressio Unius definition - the express mention of one thing excludes others ● case for Expressio Unius - Tempest V Kilner (1846) Noscitur a sociis definition - a word is known by the company it keeps ● case for Noscitur a sociis - IRC V Frere (1965) 2 types of aid ● intrinsic - within the aid ● extrinsic - outside the act eg Hansard case for Extrinsic aid - Pepper V Hart (1993)...