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Interpretation · Unit 1

The Primary Rules: Literal, Golden and Mischief

Unit 1 of Interpretation of Statutes (syllabus: The literal, golden and mischief rules, purposive construction, ut res magis valeat quam pereat, and how courts choose between the rules). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.

What this unit covers

  • Why do statutes need interpreting at all, and what status do the rules of interpretation have?
  • State the literal rule and the exact condition on which a court may leave the plain words.
  • What is the golden rule, how far may a court go under it, and what counts as an absurdity?
  • What are the four questions in Heydon's Case, and when may a court use the mischief rule?
  • What is an aid to interpretation, and in what order does a court use internal and external aids?
  • How does a proviso differ from an explanation, an exception and a saving clause?
  • What is the doctrine of pith and substance, and where does it come in a challenge to a statute's validity?
  • What does generalia specialibus non derogant mean, and how does a court reconcile two Acts on the same subject?

Treat that list as a self-test: recite each topic's rule from memory before you open its cases.

Provisions

Leading cases

Full case summaries

Exam questions on this unit

In this paper