16 Questions
What is the process by which legislation is formally put into operation?
Promulgation.
Which semantic guideline suggests that a provision is directory?
Permissive words like 'may' indicate discretion.
Which of the following is not considered an internal aid of interpretation?
Commission reports.
Judicial modification to align with the aim of the legislation refers to which process?
Judicial adaptation.
Which of the following internal aids helps in interpreting the objectives of the legislation?
The long title.
Which term indicates a directory provision and involves discretion?
'May'
A provision formulated in vague terms is an indication that it is:
Directory
The process whereby legislation is reviewed by the court for constitutional conflict is called:
Judicial review
What is the purpose of the Literal Rule?
To give the words their ordinary meaning
In which case did the court hold that the words 'person' in the statute did not include a corporation?
Whitely v.Chappell (1868)
What is the purpose of the Golden Rule?
To avoid an absurd or unjust result
In which case did the court hold that the display of a flick knife in a shop window was not an 'offer for sale' within the meaning of the statute?
Fisher v.Bell (1961)
What is the purpose of the Mischief Rule?
To look at the mischief or problem that the statute was intended to address
In which case did the court hold that the statute prohibiting the sale of wine 'in the streets' did not include the sale of wine in a tavern?
Heydon's Case (1584)
In which case did the court hold that the statute making it an offense to drive a vehicle 'on a road' did not include a situation where the vehicle was being driven on a private road?
Corkery v.Carpenter (1950)
Which of the following cases is an example of the Golden Rule?
Adler v.George (1964)
Study Notes
Legislation and Interpretation
- Promulgation refers to the process by which legislation commences and is formally put into operation.
- This process is a crucial step in the legislative process, ensuring that laws are properly enacted and implemented.
Internal Aids of Interpretation
- Internal aids are used when interpreting a piece of legislation.
- Examples of internal aids include:
- The long title
- The definitions clause
- The preamble
- Commission reports are not an internal aid of interpretation.
Semantic Guidelines for Directory Provisions
- Semantic guidelines help determine if a provision is directory or mandatory.
- The following guidelines indicate that a provision is directory:
- Permissive words such as "may" indicate discretion and are interpreted as directory, unless the purpose of the provision indicates otherwise.
- The provision is formulated in flexible and vague terms.
- Positive language suggests that the word is mandatory, not directory.
- A word or words with an imperative character do not necessarily indicate a directory provision.
Interpretation of Statutes: Cases
Literal Rule
- Applied when statutory words are clear and unambiguous
- Gives words their ordinary meaning without considering context or purpose
- Examples:
- Whitely v. Chappell (1868): "Person" in statute didn't include corporation
- Fisher v. Bell (1961): Display of flick knife in shop window wasn't "offer for sale"
Golden Rule
- Applied when literal meaning would lead to absurd or unjust result
- Considers context and purpose to avoid absurdity
- Examples:
- Beckwith v. Philby (1827): Exportation of goods didn't include within country
- Adler v. George (1964): Obstructing soldier not on duty wasn't included in statute
Mischief Rule
- Applied when statute is ambiguous, considering purpose
- Looks at "mischief" or problem statue intended to address
- Examples:
- Heydon's Case (1584): Sale of wine in tavern wasn't prohibited
- Corkery v. Carpenter (1950): Driving on private road wasn't included in statute
Purposive Approach
- Considers overall purpose of statute
- Looks at statute as a whole, considering legislation's purpose
- Examples:
- Pepper v. Hart (1993): Certain expense not deductible from taxable income
- R v. Secretary of State for the Environment (2003): Certain factor not considered in decision-making
This quiz is about the definition of promulgation in the context of lawmaking and legislation. It tests your understanding of the term and its role in the legislative process.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
