5-Law making: statutory interpretation

Question 1

What statute clarifies that certain wording includes the opposite as well as in he/ she and singular/ plural?

Answer 1

Interpretation Act 1978

Question 2

Interpretation Act 1978

Answer 2

Clarifies that certain wording includes the opposite as well as in he/ she and singular/ plural.

Question 3

What are the three rules of Statutory Interpretation?

Answer 3

1) Literal rule
2) Golden rule
3) Mischief rule

Question 4

What is the literal rule?

Answer 4

Where words in a statute given their literal meaning even if the outcome is absurd.

Question 5

Where words in a statute given their literal meaning even if the outcome is absurd.

Answer 5

The literal rule (to statutory interpretation)

Question 6

What case supports the Literal rule?

To whom is this attributed?

Answer 6

R v Judge of the City of London (1892)

Lord Escher

Question 7

Lord Escher explained what in the case of R v Judge of the City of London (1892)?

Answer 7

The literal rule

Question 8

Case example for an absurd outcome to the literal rule?

Answer 8

Whiteley v Chappel (1868)

Facts: Someone impersonated a dead person and was not charged as the dead person was not ‘entitled to vote’

Question 9

Whiteley v Chappel (1868)

Answer 9

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’

Question 10

Case example for a harsh decision using the literal rule to statutory interpretation?

Answer 10

LNER v Berriman (1946)

Facts: Widow could not claim for husband’s death as he died ‘oiling’ rail tracks as a pose to ‘maintaining’.

Question 11

LNER v Berriman (1946)

Answer 11

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’.

Question 12

In what two ways can the golden rule of statutory interpretation be used?

Answer 12

Narrow-Jones v DPP (1962)

Wide

Question 13

What case gives a definition for the narrow use of the golden rule of statutory interpretation?

To whom is it attributed?

Answer 13

Jones v DPP (1962)

Lord Reid

Question 14

What did Lord Reid establish in Jones v DPP (1962)?

Answer 14

The definition of the narrow use of the golden rule of statutory interpretation.

Question 15

What is the wide use of the golden rule for statutory interpretation?

Case example

Answer 15

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)

Question 16

What case demonstrates the narrow use of the golden rule for statutory interpretation?

Answer 16

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.

Question 17

Adler v George (1964)

Answer 17

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.

Question 18

What case is an example of the wider use of the golden rule for statutory interpretation?

Answer 18

Re Sigsworth (1935)

Facts: Son who murdered mother was found not to be entitled to her estate despite statute stating otherwise.

Question 19

Re Sigsworth (1935)

Answer 19

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.

Question 20

Definition of the mischief rule?

Which case does it originate from?

Answer 20

Looks at the gap in the previous law and interprets the act to cover that gap.

Heydon’s case (1584)

Question 21

What case does the mischief rule of statutory interpretation originate from?

Answer 21

Heydon’s case (1584)

Question 22

Heydon’s case (1584)

Answer 22

Established the mischief rule for statutory interpretation.

Question 23

What case is an example of the mischief rule of statutory interpretation?

Answer 23

Smith v Hughes (1960)

Facts: Prostitutes in windows and balconies were held to be ‘in a street’ for the purpose of prostitution.

Question 24

Smith v Hughes (1960)

Answer 24

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.

Question 25

What is an additional approach to statutory interpretation?

Answer 25

The purposive approach.

Question 26

The purposive approach

Answer 26

An additional approach to statutory interpretation.

Question 27

What is the purposive approach?

Answer 27

When judges decide what they believe Parliament meant to achieve in the statute.

Question 28

Example case using the purposive approach to statutory interpretation?

Answer 28

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.

Question 29

R v Registrar-General (Smith) (1990)

Answer 29

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.

Question 30

Advantages to the literal rule of statutory interpretation?

Answer 30

1) Judges cannot create law only implement it

2) Clarity over how judges will interpret the statute

Question 31

Disadvantages to the literal rule of statutory interpretation?

Answer 31

1) Different meanings to one word

2) Repugnant results

Question 32

Advantages to the golden rule of statutory interpretation?

Answer 32

1) Provides alternative to repugnant result of literal rule

Question 33

Disadvantages to the golden rule of statutory interpretation?

Answer 33

1) Not used often enough to be a reliable predictor of a judgement

Question 34

Advantages to the mischief rule of statutory interpretation?

Answer 34

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

Question 35

Disadvantages to the mischief rule of statutory interpretation?

Answer 35

1) Judicial law making
2) Uncertainty in the law
3) Considers a more narrow area than the purposive approach

Question 36

Advantages to the purposive approach of statutory interpretation?

Answer 36

1) Judges have greatest discretion with this approach

2) Judgements can be adapted to suit advancements in society or technology

Question 37

Disadvantages to the purposive approach of statutory interpretation?

Answer 37

1) Judicial law making
2) Use of non-statute info like Hansard
3) Hard to predict the outcome of a judgement

Question 38

Internal aid to interpretation

Answer 38

Other sections in the Act

Harrow LBC v Shah and Shah (1999)

Question 39

What case shows the use of another section in an act as an aid to Interpretation?

Answer 39

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.

Question 40

External aids to statutory interpretation

Answer 40

Dictionary

Hansard-Pepper v Hart (1993)

Question 41

What case showed that use of Hansard is allowed and in what circumstance?

Answer 41

Pepper v Hart (1993)

When the Act is ambiguous.

Question 42

What case shows that an advancement in technology can be accounted for in the purposive approach?

Answer 42

Royal College of Nursing v DHSS (1981)

Abortions being carried out by nurses.