LAW P1 ELS (statutory interpretation)

Question 1

What do the courts have to do once parliament has passed an act?

Answer 1

Once parliament has passed an act, it then falls to the courts to apply the statute in a particular case. The judges will have different ways of interpreting the statute.

Question 2

What are the different rules of statutory interpretation?

Answer 2

The rules of statutory interpretation:

• The literal rule
• The golden rule
• The mischief rule
• Purposive approach

Question 3

What is the literal rule?

Answer 3

A judge will interpret the words of a statute in their ordinary, plain, and grammatical sense. They will take the ‘literal’ meaning

Question 4

What is an example case for the literal rule?

Answer 4

Fisher v Bell, the goods on display were not an offer of sale but merely an invitation to treat.

Question 5

What are the advantages of the literal rule?

Answer 5

it applies very clear legal certainty and legal predictability since the judges are simply interpreting the statute as its written

Question 6

What are the disadvantages of the literal rule?

Answer 6

It can lead to sometimes unjust, absurd results. It also fails to consider the intent of parliament in enacting law

Question 7

What is the golden rule?

Answer 7

Gives judges the flexibility to modify the words of a statute in a way that still respects the overall intention of the legislature, but it avoids an undesirable or absurd result

Question 8

What is an example case for the golden rule?

Answer 8

R v Allen, the defendant was found guilty of bigamy as the judge interpreted ‘to marry’ to include the ceremony

Question 9

What are the two approaches to the golden rule?

Answer 9

There are two approaches to the golden rule; narrow approach, broad approach

Question 10

What is the narrow approach to the golden rule?

Answer 10

The narrow approach is used when there is more than one meaning to a word, so a judge can choose the least absurd meaning

Question 11

What is the broad approach to the golden rule

Answer 11

The broad approach is where there is only one meaning to a word, but the judge can change the meaning to avoid a repugnant or absurd outcome

Question 12

What are the advantages of the golden rule?

Answer 12

respects parliamentary sovreignty, avoids absurd outcomes from the literal meaning

Question 13

What are the disadvantages of the golden rule?

Answer 13

• can only be used when the literal rule leads to absurdity
• Has limited use and is rarely used
• what counts as an absurd result is subjective
• it can be seen as judges changing the law

Question 14

What is the mischief rule?

Answer 14

Mischief rule gives the judges the ability to fill in the gaps between case and statute law

Question 15

What is an example case for the mischief rule?

Answer 15

smith v hughes, defendants were found guilty under the street offences act 1959

Question 16

What are the advantages for the mischief rule?

Answer 16

• promotes justice and fairness by focusing on what parliament intended the law to prevent
• is flexible and adaptable since judges can interpret the law to fit changing social or technological conditions
• encourages judges to look at the whole context such as previous law

Question 17

What are the disadvantages for the mischief rule?

Answer 17

• judges may be seen as overstepping their role by fixing the law instead of applying it
• less predictable than the literal rule leading to lack of legal certainty
• some believe it is outdated

Question 18

What is the purposive approach?

Answer 18

This approach emphasizes the purpose or overall goal of the legislation. It encourages judges to consider the context and rationale behind the statute and interpret it in a way that best achieves its intended purpose.

Question 19

What is an example case for the purposive approach?

Answer 19

R v Secretary of State for Health, The court used the purposive approach to decide whether embryos created using cell nuclear replacement were covered by the Human Fertilisation and Embryology Act 1990. The Act did not mention this new method, but the court decided Parliament’s purpose was to regulate all embryos created outside the human body, so it applied.

Question 20

What are the advantages for the purposive approach?

Answer 20

• Allows for modern interpretation and justice.
• Prevents absurd or unfair outcomes.

Question 21

What are the disadvantages for the purposive approach?

Answer 21

• Can give judges too much power, arguably creating rather than interpreting law.
• May reduce legal certainty.

Question 22

What are aids to interpretation?

Answer 22

Aids to interpretation help judges work out the meaning of unclear words or phrases in a statute.

Question 23

What are the 2 types of aids to interpretation?

Answer 23

• Intrinsic aids
• extrinsic aids

Question 24

What are intrinsic aids?

Answer 24

Things inside the act itself, they are parts of the statute that can help clarify meaning

This can include the short title of an act, definitions, sections

Question 25

What are extrinsic aids?

Answer 25

Things outside of the act that help interpret it This includes dictionaries, law commission reports, international treaties, hansard, previous acts or case law