Statutory Instruments

Question 1

Literal rule

Answer 1

Follow literal meaning of words in act even if it lead to an obscure outcome

Judges give words plan and ordinary meaning

Question 2

Literal rule advantages

Answer 2

Democratic - judges apply
Respect separation for powers
Consistent - needed for justice
Certain- advise with clarity

Question 3

Literal rule disadvantage

Answer 3

Obsurd outcome
Mockery of law
Harsh decisions

Question 4

Literal rule disadvantage

Answer 4

Obsurd outcome
Mockery of law
Harsh decisions

Question 5

Obstruct justice / obsurd outcome

Answer 5

Whitely V chapel - one man one vote yet voted for dead dad

No justice and obsurd to be allowed

Question 6

Mockery of law case

Answer 6

Fisher V bell
Labelled knife in shop window yet stated it was not for sale as illegal and was just showing how much it was worth

Question 7

Harsh decision case

Answer 7

Berriman
Job to maintain track and died
Wife tried to claim compensation but he died repairing track so no compensation given.

Question 8

Gold rule

Answer 8

Literal rule to be followed unless lead to absurd outcome.

Question 9

2 types of golden rule

Answer 9

Narrow
Broad

Question 10

Narrow approach

Answer 10

Where word has more than one meaning judge is allowed to pick most sensible one

Question 11

Narrow approach case

Answer 11

Re allen

Question 12

Broad

Answer 12

Only one literally meaning to the word but applying it would lead to absurdity then judges can modify meaning to avoid absurdity

Question 13

Broad case

Answer 13

Sigsworth

Question 14

Advantages golden

Answer 14

Avoids absurd
Avoids mockery of law
Avoids harsh decision

Question 15

Disadvantages golden

Answer 15

Lack of consistency - cannot advise client
Judicial independence - gives judge power to adjust laws

Uncertainty - departs from ordinary meaning so cannot be certain if results or how law will be applied

Question 16

Mischief

Answer 16

Courts look back at what law was before act and what the purpose of the act and what gap it was meant to fill. Courts will interpret act to ensure that gap is covered

Question 17

Mischief case

Answer 17

Smith V hughes
Street offences act
Prositutes cannot curb crawl but prositute was in public view so act was interpreted to fix gap of being in public view

Question 18

Hansard

Answer 18

Recording of debates in House of Commons

Hart V pepper

Question 19

Where does mischief rule come form

Answer 19

Heydons case

Question 20

Advantages of mischief

Answer 20

Looks at parliament intent - respect separation of powers
Avoids mockery of law
Stops absurd
Avoids harsh decision

Question 21

Disadvantages of mischief

Answer 21

Hansard is only debate not final outcome
Time consuming to look at law before act then parliament intent
Uncertainty- hard to advise as unknown how law will be applied

Question 22

Most common approach used now

Answer 22

Purposive

Question 23

Purposive approach

Answer 23

Looks beyond words of act and looks at purpose behind it

Looks forward at the law
Judges look at what they believe parliament intented and giving it effect to that purpose

Question 24

Purposive approach case

Answer 24

R V Coleman
Burgled narrow boat - theft or burglary- deemed parliament intention was to stop people entering private property

Question 25

Purposive advantages

Answer 25

Justice - purpose is followed
Avoids absurd - gives judges discretion
Fair decisions - uphold public confidence
Keeps laws up to date as looks forward like new technology

Question 26

Disadvantages purposive

Answer 26

Judiciary supremacy as judge make law
Hard to find parliament intent as Hansard is only debate
Undemocratic S judge are not elect and can disobey act is giving absurdity

Uncertain - flexibly can creat inconsistency and hard to advise