Professional Documents
Culture Documents
INTERPRETATION
28 May 2014
http://sixthformlaw.info/index.htm
SOURCES OF ENGLISH LAW
Shane Corkery, while drunk, was pushing his pedal bicycle along
the street. He was charged with being in charge of a carriage
while drunk. The Act only covered carriage and made no
reference to bicycles.
The court used the mischief rule to decide the purpose of the
Act was to prevent people from using private transport on a
public highway whilst intoxicated. The bicycle was a form of
transport and D was convicted.
THE MISCHIEF RULE
What is an absurdity?
no test exists to determine what is an absurdity.
In the cases under the literal rule,
the judges were not swayed
by the argument that their decision
would result in an absurd outcome.
MAGOR VST MELLONS
NEWPORT CORPN (1950)
Internal Aids
These are aids within the statute itself
The Long / Short Title
The Preamble and Definitions sections
Other sections in pari materia
AIDS TO INTERPRETATION
External Aids
(These are aids outside that statute)
Guiding statutes e.g. HRA 1998, IA 1978
Other statutes in pari materia
(whether existing or repealed)
Judicial Precedent, Dictionaries
Academic works by learned authors
Parliamentary Materials
HANSARD
An accidentally broken glass was not ejusdem generis with "any gun,
pistol, hanger, cutlass, bludgeon or other offensive weapon"
POWELL V KEMPTON 1899
D ran premises called The Caf; it was found open during the
night, and seventeen women and twenty men were there. They
had been supplied with cigars, coffee, and ginger beer, which they
consumed.
Held: The house was kept open for public refreshment, resort,
and entertainment, and required a licence.
IF THE WORDS USED
ARE CRYSTAL CLEAR?
Trafficking in Persons
Prof Lon Fuller