Statutory Int Paper 2 Sa Flashcards
What is statutory interpretation?
The process whereby a judge ‘works out’ the meaning of a statute and applies the law to a case before them.
What must judges apply when dealing with a case?
Judges must apply the law, including statutes and Acts of Parliament.
When can a judge substitute a reasonable meaning for a statute?
If the literal rule gives an absurd result which Parliament could not have intended.
What are some reasons for issues in the application of law?
Broad terminology, ambiguity, drafting errors, new developments in society, and changes in the use of language.
What is the Mischief Rule?
A rule laid down in Heydon’s case where judges consider three questions: 1. What was the law before the statute was passed? 2. What was the problem the statute was trying to remedy? 3. What was the remedy Parliament was trying to provide?
What is the Literal Rule?
The traditional rule of giving words their plain, ordinary, dictionary meaning, applied even if the result is absurd.
What is an example of the Literal Rule?
In Whiteley v Chappel, a person impersonating a dead person was not ‘entitled’ to vote.
Case Example: Whiteley v Chappel - electoral fraud.
What is a case example demonstrating the Literal Rule?
In London & NER v Berriman, a widow received no compensation as her husband was maintaining, not ‘repairing or relaying’ tracks.
Case Example: London & NER v Berriman.
What is an example of modifying a statute using the Narrow approach?
In R v Allen, the statute was modified to include ‘shall go through a marriage ceremony’ for bigamy.
Case Example: R v Allen.
How did the Golden Rule apply in Re Sigsworth?
The judge prevented a son from inheriting his mother’s estate after he murdered her, as the literal rule would have allowed him to profit from her death.
Case Example: Re Sigsworth.
What is the Purposive Approach?
An approach where judges decide what they believe Parliament meant to achieve, focusing on the ‘purpose of the law’.
Who is the champion of the Purposive Approach in English Law?
Lord Denning.
What is a case example of the Purposive Approach?
In Jones v Tower Boot, the purpose of the law was to prevent ethnic minorities from suffering in the workplace.
Case Example: Jones v Tower Boot.
What are intrinsic aids in statutory interpretation?
Aids within the Act such as interpretation sections, preamble, long title of an act, and headings of sections.
What are extrinsic aids in statutory interpretation?
Aids outside the act such as dictionaries, historical setting, older acts, and treaties.
What are intrinsic aids in statutory interpretation?
Intrinsic aids are aids within the Act, such as interpretation sections, the preamble, the long title of an act, and the headings of sections.
What are extrinsic aids in statutory interpretation?
Extrinsic aids are aids outside the act, including Hansard, dictionaries, historical setting, older acts, and treaties.
What is the Literal Rule?
The Literal Rule respects parliamentary supremacy and provides certainty by interpreting the law exactly as written. It assumes every Act is perfectly drafted.
What is a disadvantage of the Literal Rule?
When it causes unjust results, such as in the case of Berriman, it may not reflect the will of Parliament.
What does the Golden Rule aim to achieve?
The Golden Rule aims to avoid the worst problems of the Literal Rule while still respecting Parliamentary Supremacy.
What is a disadvantage of the Golden Rule?
Two approaches can lead to further inconsistency, and there is no clear definition of what constitutes an absurd result.
What does the Mischief Rule address?
The Mischief Rule responds to gaps left in the written law and aims to create a just result by interpreting the law as Parliament intended.
What is a disadvantage of the Mischief Rule?
Judges may exceed their authority by filling in gaps, which could undermine Parliamentary Supremacy and lead to uncertainty.
What is the Purposive Approach?
The Purposive Approach is likely to lead to justice by allowing judges to respond to new developments and apply the law in a modern context.
What is a disadvantage of the Purposive Approach?
It allows unelected judges to make law based on their interpretation rather than the words used by Parliament, potentially undermining Parliamentary Supremacy.
