🕴 Flashcards
What is statutory interpretation?
The process where a judge works out the meaning of a statute and applies the law to the case with parliament intention
What is stare decisis
Let the decision stand
When is statutory interpretation created?
When the law is confusing/ambiguous
5 problems with statutory interpretation
- Broad terminology
- Ambiguity
- Drafting error
- New developments
- Changes in use of language
What is meant by broad terminology?
Some words have the purpose of covering a range of situations ( Dangerous dogs act- Brock v DPP 1993- establish what ‘type’ meant)
What is meant by ambiguity?
Some words have different meanings
What is meant by drafting error?
Word is said in the wrong context (rare because most are amended through parliamentary process)
What is meant by new developments?
New issues within society/ developments in society
What is meant by changes in use of language?
Language alters as society changes so words have different meanings now than before
4 rules/ approaches to statutory interpretation
- Literal rule
- Golden rule
- Mischief rule
- Purposive approach
What is the literal rule?
- Give words their actual meaning (dictionary definition)
- Most popular rule
- Best way to interpret will of parliament m, even if it leads to an absurd result
Cases linked to the literal rule
- Whitely v Chappell 1868- voting in name of dead person, not guilty
- Berriman case 1946- railway worker killed whilst doing maintenance, couldn’t claim damages
- Fisher v Bell 1961- flick knife in shop window, offensive weapons act 1959, not guilty
Advantage of literal rule
Respects parliamentary sovereignty
3 disadvantages of literal rule
- Can be argued you aren’t doing what parliament intended
- Can lead to absurd decision
- Tries to have a perfect meaning for a word even though there isn’t only one meaning for a word
What is the golden rule?
Gives words their true meaning when the literal rule gives an absurdity ( only used where literal rule has been tried and failed)
Cases linked to the golden rule
- R v Allen 1872- bigamy case
- R v Pawlicki 1992- firearms at robbery (literal= not guilty, golden= guilty)
- Adler v George 1963- In the vicinity (literal= not guilty, golden= guilty)
2 advantages of the golden rule
- Can prevent absurdity cause by literal rule
2. Can give words their true meaning
Disadvantage of golden rule
Law commission 1969 states the rule provides no meaning of an absurd result (how can you define absurdity and know when to use golden rule)
What is the mischief rule? ( and what 3 questions should be considered?)
Laid down in Heydons case in the 16th century.
Judges should consider
1. What was the law before the statute was passed?
2. What was the problem the statute was trying to remedy?
3. What was the remedy Parliament was trying to provide?
Judges can use this rule whenever they want
Cases linked to mischief rule
- Smith v Hughes 1960- prostitution case, street offences act 1958
- Elliot v Grey 1960- Road traffic act 1930 uninsured driver can’t be on the road
- RCN v DHSS 1981- Abortion act 1967 only legal if performed by registered medical practitioners, nurses are allowed to