Statuatory interpretation Flashcards
Why do we need Statuatory interpreation
A wp (word or phrase) can be interpreted in many ways, the rules illustrate the options the judge has to choose the meaning and application of the wp to reach the fair conclusion.
What is the literal rule
The judge gives the wp it’s dictionary meaning even if the result is unfair.
What are the advantages of The LR
Democracy
Parliamentary sovereignty
Consistancy
What are the disadvantages of the LR
Unfair decitions
There can be more than one definition of the wp
Give two example of the LR
Whiteley v Chappell - vote immitation
LNER v Berriman - polishing track
What is the golden rule
The judge starts with the LR but can use discretion in result of an absurd outcome.
What is the wide approach
Allows for judges to interpret the statute not with choosing between ambiguous meanings but by choosing an entirely different meaning altogether to avoid absurd results
What are two examples of the golden rule
Alder v George - Barrack obstrution - guilty narrow approach
R v Sigsworth - Son kills mum for inhertience - wide approach - didnt inherit
What si the narrow approach
If the wp is ambiguous, the judge may choose the meaning that avoids the absurd decision
What are the advantages of the GR
Fair/sensible results
Parliament’s intention
Parliament’s sovereignty protected
What are disadvantages of the GR
Inconsistent decisions
·‘Feeble parachute’: - lets the judge escpae unfair result but doesnt allow the judge to fully choose whats right
What case does the MR come from
Haydons case
How does the MR work
The judge looks at the gap in the law parliament is trying to fill out interprets the WP ensure that gap is filled.
What are the three questions the judge must ask in the MR
- means the old law before the act w/as created
2.what was the mischief that the old law didn’t fix no fixed
3.what did the new act do to fill the gap the old one missed
What are the advantages if the MR
Fair/sensible decisions
Flexibility
What are the disadvantges of the MR
Undemocratic
Research is needed of the old law
Out of date (created in the 1600s)
What are two examples of the MR
Smith V Hughes - prostitute window
Royal College of nursing V DHSS - abortion by non mrps
What is the Puurposeive approach
This approach goes beyond the MR and allows the judge to look at the mischief act was trying to prevent
What are the advnatages of the PA
Parliament’s intention
Lord Denning suported
Human Rights Act [1998] encourages it
What are disadvantages of the PA
Judges unelected
Uncertainty and Inconsistency
Complexity and Time-Consuming
What is an extrinsic aid
An aid from outside an act
Outline the use of dictionaries
Helpful using LR - Vaughan v Vaughan - molest = vex
Can create bad results LNER v Berriman
Outline the use of hansard
Pepper v hart
Can be a waste of time and money
What is the law comission
body of judges and lawyers that reviews and recommends changed to the law - can clarify the wp
What is the The interpretation act 1978
Gives method to interpet acts e.g. masculine includes feminine
What is one problem with acedemic textbooks as an aid
One academics view may be different to the others
Whats an intrinsic aid
An aid found inside the act
Outline why the long title is helpful
Can help the judge interpret the purpose of an act
What is the point of the purposes section
This outlines why the act was made
The hunting act 2004 states the acts main purpose is to make a law on ‘the hunting with dogs, of wild mammals to prohibit hair coursing’.
What are schedules
These are at the end of the act and make sense of the act. e.g. ‘hunting gas exempt if in schedule 1,’ which lists types of hunting got effected.
Schedules may be useful as it outlines if the case is exemplary to the law.
What is the point of the definition section
Useful to find the intention of the act as the thing in question is defined.
