Interpretation Flashcards
Sometimes sections of statutes can be
Ambiguous or vague which can lead to absurdity
Statutes are drafted so they are
Clear and unambiguous
Why might a statute be unclear
Ambiguity: the word has more than one meaning and it might not be clear which meaning to use
A statute might be unclear and lead to problems as to how wide the act can be applied what is this known as
A broad term where a word is used to cover several possibilities
Which case had a problem with broad terms
Twining v Myers: had to interpret to see is ‘vehicle’ included roller-skates
New technology may lead to this for an act to be unclear
New developments that means an old act of parliament does not cover present day situations
Which case was affected by new developments
Attorney general v Edison telephone co.
What happened in attorney general v Edison telephone co.
The telegraph act was introduced before the telephone was invented, meaning the act had to be developed to cover new technology of telephone messages
Changes in the use of language may make an act unclear why?
The word may have a different meaning now
Case example of changes in language
DDP v cheeseman
Explain cheeseman
The use of passenger had changed meaning over time, at the time it meant a foot passenger, and the meaning of street has changed at the time it meant any place of public resort covered by the local authority
Why can courts not just ask parliament what they meant
It is not practical policy to do so as they are busy passing new laws
Or that statute may have been passed and that parliament no longer exists
Judges are this in statutory interpration
Interpreters of statues
What do they do to interpret
Work out what parliaments intention of an act was
They use these aids to help them
Intrinsic and extrinsic
