#Exam 2- Statutory Interpretation Flashcards
What are the main reasons for statutory interpretation
Broad terms in act of Parliament Ambiguity A drafting error New development in technology Changes In use of language
What does it mean when something has a broad term
The word or term used may be designed to cover several possibilities ie the dangerous dogs act “ any type of dog known as a pit bull terrier”
What does ambiguity of a word mean
It has two or more meanings making it unsure what one should be used
What is a drafting error
The draftsman who prepared the original bill may not have noticed the errors
How do new developments mean there needs to be statutory interpretation
New technology means that old acts of Parliament does not cover present day situations- ie abortion act didn’t cover modern forms of abortion
How does changes in language affect statutory interpretation
It means the meaning of the word at the time of being drafted is different to to what it is now
What are the three rules of interpretation
The literal rule
The golden rule
The mischief rule
What may occur if different judges over hear your case
They may decide something different as they may use different rules
What is the literal rule
When judges use the words plain and ordinary dictionary meaning
What are the three cases showing the literal rule
Whiteley v Chappell
London& NE railway Co v Berrimam
Cheeseman v DPP
What happened in whiteley v Chappell
Dispute over words “entitled to vote”
Court found man not guilty even though he had an impersonated a dead man for his vote
What happened in London& NE railway Co v Berrimam
“Relaying” and “repairing”
These words were in dispute- court took their literal meaning and found he was only maintaining the tracks
What happened in cheeseman V DPP
“Passenger”
Man was not liable for masturbating in public as police were not classed as passengers
What is the golden rule
A modification of the literal rule where meaning of the words is looked at but can modified to avoid absurd result
What cases show the golden rule
Alder v George
Re wigs worth
What happened in alder v George
“In the vicinity” Man has caused a obstruction In a prohibited place- he argued that it doesn’t class as in the vicinity
What happened in Re Sigsworth
No ambiguity in words of act however court was not prepared to allow a person who murdered their mother for her inheritance to get that inheritance
What is the mischief rule
When judges look at what the original act had intended to prevent - what “mischief” to suppress
What cases show the mischief rule
Smith v Hughes
Royal college of nursing v DHSS
What happened in Smith V Hughes
“In a street or public place” Prostitution is still illegal when calling from doorways windows and balcony- they still class as a public place
What happened in royal college of nursing v DHSS
“Terminated medical practitioner”
At the time this was only a doctor however the 2nd part of an abortion could be carried out by a nurse. The court held that this was still legal as it prevented mischief of illegal abortions
What is the purposive approach
The courts look to see what was the purpose of the law passed by Parliament
What cases show the purposive approach being used
R v Registrar- General, ex parte smith
R v Human Fertilisation and embryology authority
What happened in R v Registrar- General, ex parte smith
“Shall supply”
Man who had previously murdered 2 people had asked to see his birth certificate to find his birth mother, court ruled that parliament did not intended for the mother to be in any unnecessary danger
What happened in R v Human Fertilisation and embryology authority
Court had to decide whether organisms created through CNR were classed as “embryos” - they ruled that it did
What are the advantages of the literal rule
Follows wording of Parliament
Prevents unelected judge making law
Makes the law more certain
Easier to predict judges interpretation
What are the disadvantages of the literal rule
Not all acts are drafted perfectly
More then one meaning
Lead to absurd and unjust results
What are the advantages of the golden rule
Respects the words of Parliament
Allows judge to choose the most sensible meaning
Avoids worst issues of the literal rule
What are the disadvantages of the golden rule
Can only be used in limited situations
Not possible to predict when courts will use it
It is a feeable parachute ( it is an escape route)
What are the advantages of the mischief rule
Deals with the mischief Parliament was trying to stop
Fills in the gaps of the law
Produces a just result
What are the disadvantages of the mischief rule
Risk of judicial law making
Not as wide as purposive approach
Limited to looking back at old law
Can make law uncertain
What are the advantages of the purposive approach
Leads to justice in individual cases
Allows for new developments in technology
Avoids absurd outcomes
What are the disadvantages of the purposive approach
Difficult to find Parliaments attention
Allows judges to make law
Leads to uncertainty in the law
what are the rules of language to help with interpretation
the ejusdem generis rule
expressio unius- express mention of one thing excludes others
noscitur a sociis- a word is known by the company it keeps
what is the ejusdem generis rule
general words interpreted alongside the specific ones
how does Hobbs v CG Robertson Ltd show the ejusdem generis
held that brick did not come under the general words of “stone, concrete, slag”
how does allen v emmerson show the general rule
funfair was not the same as “theatres and other places of amusement”
what does expressio unius exclusion alterius mean
the express mention of one thing excludes another,
only accounts for things listed in act
expressio unius is shown in which case and what happened in it
Tempest v Kilner
“goods, wares and merchandise” stocks therefore not accounted for
Noscitur a sociis is
when words are interpreted by the words and context of the sentence
Inland revenue commissioners v frere
other annual interest was stated later in act and therefore the “interest” would held to be annual
what are the two aids to interpretation
intrinsic and extrinsic
what are intrinsic aids
matters within an act itself, eg old laws have preamble , headings of a section, marginal notes
harrow LBC v shah and shah
the act as a whole showed that the crime was strict liability
advantages of intrinsic aids
law clearer- parliament intention
preamble was helpful
some ones have definition eg the theft act
disadvantages of intrinsic aids
not included in modern statutes
some headings are placed there by printers
definitions aren’t always present- theft act and “dishonesty”
what are the two extrinsic aids
the dictionary and hansard
what is hansard
official report of what was said during debates
how are dictionaries used
they use ones from the time so we can be sure what is mean’t by parliament
advantages of Hansard
makes law clear
shows issue of why law come to be
can be referenced to get good outcome
Disadvantages of hansard
what was said may not make words clear
ministers may not be clear
expensive to go through what was said
advantages of law reform reports as an aid
considerably prepared
set out why there is a proposed change
finds intention of parliament has a draft bill
disadvantages of law reform reports as an aid
bills can change in process
not fully accepted by parliament
true meaning of eu law can be lost
how has EU law impacted SI
EU law uses purposive approach:
interpreting national law in addition alongside aim of EU law
made our judges also use purposive approach
how has the HRA impacted SI
Legislation must be read so that it accounts for the European convention on Human Rights
Mendoza v Ghaidan
