Chapter 18- Statutory Interpretation Flashcards
1
Q
Why are statutory interpretations needed?
A
To help with the understanding of unclear Acts, having a interpretation section with the meaning of certain words
2
Q
What are the 3 rules?
A
Literal, golden and mischief
3
Q
What is the literal rule and a case example?
A
- It gives words their plain, ordinary and dictionary meaning
- case= London&North Eastern Railway Co. v Berriman
4
Q
What is the golden rule and a case example?
A
- It is a modification of the literal rule to avoid an interpretation that is absurd
- case= Re Sigsworth
5
Q
What is the mischief rule and a case example?
A
- The court looks back to see what law was before the Act was passed in order to discover what gap or ‘mischief’ the Act was intended to cover
- case= Eastbourne Borough Council v Stirling
6
Q
What is the purposive approach and a case example?
A
- The courts see what is the purpose of the law passed by Parliament
- case= R v Registrar-General, ex parte Smith
7
Q
What are advantages of the literal rule?
A
- It follows the words the democratically elected Parliament used, so prevents unelected judges from making law
- It should make the law more certain, as the law is interpreted exactly how its written
8
Q
What are disadvantages of the literal rule?
A
- it assumes every Act is perfectly drafted
- the words may have more than 1 meaning, so the Act is unclear
- it can lead to unfair or unjust decisions
9
Q
What are advantages of the golden rule?
A
- it respects the exact words of Parliament except in limited situations (providing an ‘escape route’ if there is a problem with the literal rule)
- it avoids the judges making law to any great extent
- it allows the judges to choose the most sensible meaning where there is more than 1 meaning to the words in the Act
- avoids the worst problems of the literal rule
10
Q
What are disadvantages of the golden rule?
A
- it is very rarely used, so it is very limited in its use
- it isn’t always possible to predict when courts will use it
- it can be argued that it isn’t always possible to define what is ‘absurd’
11
Q
what are advantages of the mischief rule?
A
- it allows judges to fill any gaps in the law
- more likely to produce a just result
12
Q
what are disadvantages of the mischief rule?
A
- the risk of judicial law making
- it may lead to uncertainty in the law
- it isn’t as wide as the purposive approach as it is limited to looking back at the gap in the old law
13
Q
what are the advantages of the purposive approach?
A
- leads to justice in individual cases
- particularly useful where there is new technology which was unknown when the law was enacted (made)
- gives judges more discretion than using the literal meaning of words
14
Q
what are the disadvantages of the purposive approach?
A
- may mean judges refuse to follow the clear words of Parliament
- it’s difficult to discover the intention of Parliament
- leads to uncertainty in the law
15
Q
what are the 3 rules of language?
A
The ejusdem generis rule,
Expressio unius exclusio alterius,
Noscitur a sociis
16
Q
What is the ejusdem generis rule and a case example?
A
- where there is a specific list of words followed by general words, then the general words are interpreted in line with the specific words
- Allen v Emmerson
17
Q
What is expressio unius exclusio alterius and a case example?
A
- the phrase means- the express mention of one thing excludes others
- Where there is a list of words which is not followed by general words, then the Act applies only to the items in the list
- Tempest v Kilner
18
Q
What is noscitur a soiis?
A
- the phrase means- a word is known by the company it keeps
- the words must be looked at in context and interpreted accordingly
- Inland Revenue Commissioners v Frere
19
Q
What are intrinsic aids and what can the court consider and a case example?
A
- Matters with the statute itself that may help to make its meaning clearer
- The court can consider the long title, the short title and the preamble
- Harrow LBC v Shah and Shah
20
Q
What intrinsic aids to older statutes have that differ with modern statutes?
A
- Older statutes usually have a preamble which sets out Parliaments intention
- Modern statutes either do or don’t have a preamble or contain a very brief one
21
Q
What are advantages of intrinsic aids?
A
- Courts are more likely to come to the interpretation that Parliament intended
- In older statutes, the inclusion of a preamble was particularly helpful
- There is some times a definition section stating the meaning of certain words
22
Q
what are disadvantages of intrinsic aids?
A
- They aren’t included in every statute
- some intrinsic aids such as headings may be placed there by printers and do not necessarily reflect Parliaments Intention
- Definitions aren’t always included which can lead to uncertainty
23
Q
what are extrinsic aids, and examples?
A
- These are outside the Act, which can help explain the meaning of words in an Act
- Hansard, Dictionaries at the time of passing the Act and law reform reports
24
Q
Why are distionaries at the time of passing the Act a useful extrinsic aid, and when was it used in a case?
A
- To see what the meaning of the words were at the time of passing the Act as words change over time
- it was used in Cheeseman v DPP
25
What are Hansard and a case example of when this extinsic aid was used?
- Hansard are the official report of what was said in Parliament when the Act was debated
- Pepper v Hart
26
What are the advantages of using Hansard as an extrinsic aid?
- It is avaliable for everyone to consult, giving the entire Parliament debate
- Makes words in the statute much clearer
27
What are disadvantages of using Hansard as an extrinsic aid?
- It isn't always helpful as the particular words at issue may have not been used in the debate
- What was said in debate may not make the words any clearer
- additional costs as lawyers feel obliged to spend expensive time reading through all relevant debates to avoid being sued by their clients
28
What are the advantages of law reform reports as an aid to statutory interpretation?
- Reports are issued after research, consultation and considerable preparation
- Problems in the current law are identified
- Sometimes it will include a draft Bill, if the Bill became law without alteration it is clear Parliament agreed with the report
29
what are the disadvantages of law reform reports as an aid to statutory interpretation?
- Sometimes the proposals for reform and/or the draft Bill may not wholly be accepted by the government, and will include different changes to the Bill- in this situation the report isn't useful
- Law Commission reports are only available for limited areas of law
30
What is the effect of EU law on statutory interpretation?
- purposive approach is preferred by most EU courts and is the approach adopted by the European Court of Justice in interpreting European Union law
- membership of the EU has affected the English Courts in 2 ways: had to accept law passed by the EU and judges have to use the purposive approach for EU law
31
The effect of Human Rights Act 1998 on statutory interpretation and example?
Legislation must be read and given effect in a way that is compatiable with the Human rights convection, applying to any case where rights are concerned
- example- Mendoza v Ghaidan
