Law Making - Statutory Interpretation Flashcards
what is statutory interpretation?
guidelines used by judges in order to make sense of an Act of Parliament.
what are the 4 guidelines that can be used?
literal rule
golden rule
mischief rule
purposive approach
what is the literal rule?
where the judge gives the words their plain, ordinary, normal and grammatical meaning.
what are features of the literal rule?
natural meaning to declare Parliament’s intent
most common/least controversial
can lead to injustice
what case examples can be used for the literal rule?
Berriman - Railway worker killed oiling track. compensation provided to those ‘relaying or repairing’ track. therefore literal rule said no compensation to his widow
Fisher - D displayed knife in shop window. Charged for illegal sale of weapons. It was an ‘invitation to treat’ not an offer for sale so D was not guilty.
Whitley v Chappel - ‘to impersonate any person entitled to vote’ is an offence. D used dead man’s vote. statue requires voter to be living so literal rule said no charge.
what is the golden rule?
the judge takes the literal approach unless it would lead to absurdity, injustice or an offence against public policy.
what are the two options under the golden rule?
narrow - if a word has multiple meanings, judge can choose the meaning to avoid absurd outcomes.
broad - judge interprets statute by choosing an entirely different meaning altogether to avoid absurd outcomes
what case examples can be used for ‘golden rule’?
Sigsworth - son killed mother. mother had no will so he would inherit whole estate. absurd outcome as he should not benefit from murder.
Allen - D charged with bigamy. Wording of the Act made a second marriage impossible so civil law would not recognise. D guilty after golden rule applied.
Adler v George - D argued ‘in the vicinity’ was not ‘in’ a prohibited place. D guilty after golden rule applied.
what is the mischief rule?
the Act before the court is reforming a piece of law.
the judge looks at the previous law, identifies the mischief and eradicates the problem.
what are some features of the mischief rule?
used for law reform statutes
uses intrinsic and extrinsic aids
what are the case examples for the mischief rule?
Smith - Ds we’re sex workers soliciting from their balcony. Parliament trying to prevent people being hassled in the street and as you could still see them from the street, they were guilty.
Stirling - Taxi drivers can’t ’ply for hire in any street’ without a licence. Taxi found on taxi rank without licence. guilty because still can get customers from the street.
Royal College of Nursing - Nurses charged with performing abortions only to be done by doctors. Mischief trying to be prevented was backstreet abortions done by those not in a medical profession. Not guilty.
what is the purposive approach?
the words of a statute are unclear and the judges look at Parliament’s intention to decide the purpose of the statute
what are some features of the purposive approach?
most modern
always used for european statutes
broader than mischief approach because it’s not just looking at old law
judges must consider the context of the statute’s
what are the case examples for the purposive approach?
Ex Parte Smith - D was a murderer who was adopted. Applied to birth parents - legal right. Purpose of Act was to reconnect, not CONNECT with strangers.
Fitzpatrick - A gay man entitled to take over tenancy, held by his dead partner. terms in Act said ‘husband and wife’. Act was expanded to include him.
Jones v Tower Boot Co - Black worker was abused at work so sued employers arguing they’re responsible for their workers actions. employer argued it was ‘outside the course of employment’. employer found liable under Race Relations Act 1976.
what are some advantages of the literal rule?
- law will be interpreted exactly as it is written every time it is used
- follows parliamentary sovereignty
- quickest to apply, can only use intrinsic aids
