English Legal System: Statutory Interpretation Flashcards
What is Statutory Interpretation?
It considers the ways that judges act on statues made by Parliament.
Why do we need Statutory Interpretation?
When the meaning of a law is unclear because of…
a broad term which may cover several possible meanings
ambiguity
a drafting error during the Parliamentary law making process.
new developments in technology so old acts may no longer cover a modern day situation
changes in the use of language where the meaning of a word changes over time.
What is the Literal rule?
Where judges interpret an act according to its plain, ordinary and literal meaning.
What are two example case where the literal rule is used?
Whitely V Chappel 1868: The defendant was found innocent for impersonating deceased people to use their vote as the statute relating to voting rights required a person to be living in order to be entitled to vote.
Fisher V Bell 1961: The defendant was found not guilty for offering flick knives for sale as goods on display are not “offers”.
What is the golden rule?
Where the judge interprets a word or phrase of an act to avoid an absurd conclusion.
What are two example cases where the golden rule was used?
R v Allen 1872: Defendant was found guilty of bigamy as the judge interpreted “to marry” to include the ceremony.
Re Sigsworth 1935: The defendant murdered his mother to inherit her entire estate but the use of the golden rule lead to him being entitled to nothing.
What is the mischief rule?
When the judge looks back to the gap in a previous law and interprets the act to cover the gap.
What are two example cases where the mischief rule was used?
Smith V Hughes 1960: defendants were found guilty under the Street Offences Act 1959 for loitering and soliciting in a public place for the purpose of prostitution.
Elliot V Grey 1960: The defendant was found guilty under the Road Traffic Act 1930 for using an uninsured vehicle on the road.
What are the advantages of the literal rule?
Follows the exact words enacted by Parliament.
Preserves the idea that judges apply the law enacted by parliament.
Respect Parliament supremacy
What are the disadvantages of the literal rule?
Doesn’t reflect reality
the words used may have more than one meaning so it may be unclear
a literal interpretation may lead to an absurd conclusion.
What are the advantages of the golden rule?
Allows judges to take a sensible approach
Preserves the words used by parliament
Helps the court put in practice what parliament really meant.
What are the disadvantages of the golden rule?
Limited in its uses and not used often
Professor Zander calls it a “feeble parachute”
What are the advantages of the mischief rule?
More likely to lead to Justice
Allows judges to look for loopholes
it promotes the purpose of the law
what are the disadvantages of the mischief rule?
It may lead to uncertainty
There is a risk of judicial law making.
What is the purposive approach?
when a judge interprets an act to find out its purpose and what parliament intended.
