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Flashcards in Arguing about Authority Deck (5)
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1
Q

What does it mean to argue about authority?

A

we have to determine what it is that the authoritative directive really requires, it’s true nature

this arises when the content of the authority isn’t clear

2
Q

Give an important case example where the idea of arguing about authority was challenged

A

R v Liggets-Findlay Drug Stores [1919]

  • a Canadian by-law stated that ‘all drug shops shall be closed at 10pm on each and every night of the week’
  • at first sight looks unproblematic
  • but consider if the defendants shut their shop at 10pm but opened it a few minutes later
3
Q

What kinds of reasons can we (in principle) turn to when arguing about authority? What are these called? Give the three kinds

A
  • called canons of statutory construction
  • the literal rule (the plain or ordinary meaning of the words used in the provision)
  • the golden rule (the consequences of adopting a certain interpretation over another)
  • the mischief rule (the purpose of the provision being interpreted
4
Q

In what way are canons often referred to by the courts?

A

as matters of common sense

5
Q

Give an example of a case which deals with the three canons of statutory construction

A

Crofts v Taylor [1887] 19 QBD 524

Section 8(2) of the Customs and Inland Revenue Act 1885
"A dealer in or retailer of beer shall not adulterate or dilute beer..."