statutory interpretation Flashcards
why is statutory interpretation needed?
Once Parliament has passed an Act, it then falls to the courts to apply the statute in a particular case. This can lead to difficulties where the facts of the case may not have been envisaged by Parliament or where there exist drafting errors or ambiguity in the statute. There exists The Interpretation Act of 1978 which provides certain basic definitions such as singular includes plural and he includes she. In addition the courts have developed rules to assist judges in interpreting statutes.
what are the rules of statutory interpretation?
- Literal rule
- The Golden rule
- The Mischief rule
in addition to these rules exists the Purposive Approach.
what is the literal rule?
a rule of statutory interpretation that gives the words their plain, ordinary, dictionary meaning. Developed in nineteenth century and still used as a starting point for interpreting any legislation.
what are some cases using the literal rule?
Whiteley v Chappell (1868) - not guilty of impersonating someone entitled to a vote because a dead person was not entitled to vote
what is the golden rule?
a modification of the literal rule to avoid an interpretation that is absurd.
what are some cases using the golden rule?
Re v Sigsworth (1935) - a son who murdered his mother could not inherit her estate as it would be repugnant (uses wider application of the golden rule)
what is the mischief rule?
it looks back to the gap in the previous law and interprets the Act so as to cover the gap or ‘mischief’
what are some cases using the mischief rule?
Smith v Hughes (1960) - prostitutes calling from doorways, balconies were ‘in the street or a public place’
what is the purposive approach?
goes beyond the mischief rule, the court look to see what is the purpose of the law passed by parliament.
what are intrinsic aids?
matters within the statute itself that may help to make its meaning clearer: The long title of the Act Explanatory notes Other sections of the Act Definition sections in the Act
what are extrinsic aids?
outside the act that can help explain meaning of words in an Act: Dictionaries text books Academic writings Law Commission Reports Case law from other jurisdictions Hansard
what are advantages of literal rule?
- follows words of parliament
- prevents unelected judge making law
- makes law more certain
- easier to predict how the judges will interpret the law.
what are disadvantages of the literal rule?
- not all acts are perfectly drafted
- have more than one meaning
- can lead to unfair, unjust decisions
what are advantages of the golden rule?
- respects words of parliament
- allows judges to choose most suitable meaning
- avoids worst problems of the literal rule
what are disadvantages of the golden rule?
- can only be used in limited situations
- not possible to predict when courts will use it
- Michael Zander described it a s a ‘feeble parachute’; it is an escape route but can’t do very much.
