5-Law making: statutory interpretation Flashcards
What statute clarifies that certain wording includes the opposite as well as in he/ she and singular/ plural?
Interpretation Act 1978
Interpretation Act 1978
Clarifies that certain wording includes the opposite as well as in he/ she and singular/ plural.
What are the three rules of Statutory Interpretation?
1) Literal rule
2) Golden rule
3) Mischief rule
What is the literal rule?
Where words in a statute given their literal meaning even if the outcome is absurd.
Where words in a statute given their literal meaning even if the outcome is absurd.
The literal rule (to statutory interpretation)
What case supports the Literal rule?
To whom is this attributed?
R v Judge of the City of London (1892)
Lord Escher
Lord Escher explained what in the case of R v Judge of the City of London (1892)?
The literal rule
Case example for an absurd outcome to the literal rule?
Whiteley v Chappel (1868)
Facts: Someone impersonated a dead person and was not charged as the dead person was not ‘entitled to vote’
Whiteley v Chappel (1868)
Example of: absurd outcome of the literal rule to statutory interpretation.
Facts: Someone impersonated a dead person and was not charged as the dead person was not ‘entitled to vote’
Case example for a harsh decision using the literal rule to statutory interpretation?
LNER v Berriman (1946)
Facts: Widow could not claim for husband’s death as he died ‘oiling’ rail tracks as a pose to ‘maintaining’.
LNER v Berriman (1946)
Example of: a harsh ruling of a case when using the literal rule of statutory interpretation.
Facts: Widow could not claim for husband’s death as he died ‘oiling’ rail tracks as a pose to ‘maintaining’.
In what two ways can the golden rule of statutory interpretation be used?
Narrow-Jones v DPP (1962)
Wide
What case gives a definition for the narrow use of the golden rule of statutory interpretation?
To whom is it attributed?
Jones v DPP (1962)
Lord Reid
What did Lord Reid establish in Jones v DPP (1962)?
The definition of the narrow use of the golden rule of statutory interpretation.
What is the wide use of the golden rule for statutory interpretation?
Case example
Where words have only one clear meaning, but the outcome would be repugnant so they use the golden rule to modify the outcome.
Re Sigsworth (1935)
What case demonstrates the narrow use of the golden rule for statutory interpretation?
Adler v George (1964)
Facts: D’s argued that the statute protecting HM Forces stated ‘in vicinity of’ whilst they were ON the premises-held to be a repugnant result so they were found guilty on the same charge.
Adler v George (1964)
Example of: Narrow use of the golden rule for statutory interpretation.
Facts: D’s argued that the statute protecting HM Forces stated ‘in vicinity of’ whilst they were ON the premises-held to be a repugnant result so they were found guilty on the same charge.
What case is an example of the wider use of the golden rule for statutory interpretation?
Re Sigsworth (1935)
Facts: Son who murdered mother was found not to be entitled to her estate despite statute stating otherwise.
Re Sigsworth (1935)
Example of: The wider use of the golden rule of statutory interpretation.
Facts: Son who murdered mother was found not to be entitled to her estate despite statute stating otherwise.
Definition of the mischief rule?
Which case does it originate from?
Looks at the gap in the previous law and interprets the act to cover that gap.
Heydon’s case (1584)
What case does the mischief rule of statutory interpretation originate from?
Heydon’s case (1584)
Heydon’s case (1584)
Established the mischief rule for statutory interpretation.
What case is an example of the mischief rule of statutory interpretation?
Smith v Hughes (1960)
Facts: Prostitutes in windows and balconies were held to be ‘in a street’ for the purpose of prostitution.
Smith v Hughes (1960)
Example of: the mischief rule for statutory interpretation.
Facts: Prostitutes in windows and balconies were held to be ‘in a street’ for the purpose of prostitution.
What is an additional approach to statutory interpretation?
The purposive approach.
The purposive approach
An additional approach to statutory interpretation.
What is the purposive approach?
When judges decide what they believe Parliament meant to achieve in the statute.
Example case using the purposive approach to statutory interpretation?
R v Registrar-General (Smith) (1990)
Facts: Psychiatric patient wished to know ID of mother and was entitled under statute, but purposive approach was used as perceived threat to mother.
R v Registrar-General (Smith) (1990)
Example of: purposive approach to statutory interpretation.
Facts: Psychiatric patient wished to know ID of mother and was entitled under statute, but purposive approach was used as perceived threat to mother.
Advantages to the literal rule of statutory interpretation?
1) Judges cannot create law only implement it
2) Clarity over how judges will interpret the statute
Disadvantages to the literal rule of statutory interpretation?
1) Different meanings to one word
2) Repugnant results
Advantages to the golden rule of statutory interpretation?
1) Provides alternative to repugnant result of literal rule
Disadvantages to the golden rule of statutory interpretation?
1) Not used often enough to be a reliable predictor of a judgement
Advantages to the mischief rule of statutory interpretation?
1) Promotes the original purpose of the statute
2) Intends to fill the gap in law the statute is trying to fill
3) Most likely to produce a ‘just’ result
Disadvantages to the mischief rule of statutory interpretation?
1) Judicial law making
2) Uncertainty in the law
3) Considers a more narrow area than the purposive approach
Advantages to the purposive approach of statutory interpretation?
1) Judges have greatest discretion with this approach
2) Judgements can be adapted to suit advancements in society or technology
Disadvantages to the purposive approach of statutory interpretation?
1) Judicial law making
2) Use of non-statute info like Hansard
3) Hard to predict the outcome of a judgement
Internal aid to interpretation
Other sections in the Act
Harrow LBC v Shah and Shah (1999)
What case shows the use of another section in an act as an aid to Interpretation?
Harrow LBC v Shah and Shah (1999)
Facts: Act stating a necessary men’s rea for other sections indicated the section D’s were charged under was strict liability.
External aids to statutory interpretation
Dictionary
Hansard-Pepper v Hart (1993)
What case showed that use of Hansard is allowed and in what circumstance?
Pepper v Hart (1993)
When the Act is ambiguous.
What case shows that an advancement in technology can be accounted for in the purposive approach?
Royal College of Nursing v DHSS (1981)
Abortions being carried out by nurses.
