STATUTORY INTERPRETATION Flashcards
What is Statutory Interpretation?
The interpretation of statutes by judges.
- Acts should be clear and explicit (are not always).
- Judges use powers to interpret wording in Acts to discover meaning and purpose. (Statutory Interpretation)?
- Some Acts assist interpretation by including interpretation clauses or sections e.g. Theft Act 1968
- Disputes often arise over the meaning of words within and Act.
Interpretation Act 1978 helps Judges interpret genera words e.g. ‘he’ also includes ‘she’.
Why do we need Statutory Interpretation?
- Broad terms
- Ambiguity
- Drafting error
- New developments (in law not covered by current legislation)
- Changes in the use of language
- Human Rights Act 1998- Act may need to be interpreted to adhere to the European Convention of Human Rights.
What is the Literal Rule?
Courts give the plain, ordinary meaning to words. This is the starting point for any interpretation regardless of absurdity.
E.g. R v Harris [1836] the biting of nose not covered under statue, an offence ‘to stab cut or wound’- instrument had to be used. Defendants conviction quashed.
Advantages of the Literal Rule
- Leaves law-making to Parliament.
- Respects Parliamentary Sovereignty.
- Makes law more certain.
- Identifies flaws within Acts of Parliament e.g. Fisher v Bell (defendant not guilty as didn’t sell or offer to sell a flick knife- only invitation to treat. After this it was clear the law needed o be changed to stop/deter such behavior).
Disadvantages of the Literal Rule
- Can lead to absurd result e.g. Whitely v Chappell (allowed to impersonate a dead person to vote as the person had to be entailed to vote for it to be an offence and a dead person was not).
- Can lead to unjust decisions e.g. London & North Eastern Railway Co v Berriman (The man killed was maintaining the track not repairing or relaying it so did not need a look out so widow did not get claim under Fatal Accidents Act 1864).
- Words can be polysemic.
- Assumes that every act is perfectly drafted and defined.
What is the Golden Rule?
It respects the exact words of Parliament, expect in limited situations and tries to prevent absurdity and injustice (only reason to use and pick meaning) and try to put into practice what Parliament meant (R v Allen ‘Marry’ interpreted in Offences Against the Person At 1861 as legally married to a person allowed bigamy to be nonchargeable so it was interpreted to a person went through a marriage ceremony). can choose meanings. The Literal Rule will apply unless it leads to absurdity.
Some argue it gives a wider approach and some say it gives a narrower approach.
Advantages of the Golden Rule
- Respects the exact wording of Parliament, except in limited situations.
- Can prevent absurdity and injustice caused by the Literal Rule.
- Helps court put into Practice what Parliament meany (R v Allen).
Disadvantages of the Golden Rule
- Provides no clear meaning of an absurd result and it is the judge’s decision-could create inconsistency and unpredictability, the thing they are trying to prevent.
- It has limited scope (Grey v Person and obstructing a member of the armed forces ‘in the vicinity’- ‘near to’ charged Section 3 of Official Secrets Act 1920 for being caught inside an RAF base. Court held that it meant ‘near to’ or ‘near to and within’ so charged. Chose latter (recent) interpretation. Unpredictable in terms of when it is going to be used which makes it harder for lawyers to advise their clients effectively. It has limited use on rare occasions.
- Provides an avenue for judicial law making.
What is the Mischief Rule?
Courts will look at what the common law was before the Act was passed in order to discover what ‘mischief’ gap the Act was intended to cover.
Cover the gap by interpreting Act a certain way:
Heydon’s Case [1584] court held that 4 points to consider what interpretating.
- What was the common law before?
- What was the mischief (gap) for which the common law could not provide?
- What has Parliament done to remedy this mischief (gap)?
- The reason for the remedy.
Advantages of the Mischief Rule.
- Helps avoid absurdity and injustice.
- Looks at the gap in the previous law and interprets the words to achieve the mischief that was to be remedied. (Smith v Hughes 1960 The Street Offences Act 1959 made it an offence for a prostitute to loiter or solicit in a public street for the purpose of prostitution. Woman charged was not in street but tapping on window in private dwelling so MR was used to interpret the Act to meet street, doorway or at a window- fix the gap, ambiguity). CORRCTS THE LAW.
Disadvantages of the Mischief Rule
- Heydon’s Case is quite archaic (old), rule may be less appropriate now that the legislative situation is different.
- Creates the risk of judicial law-making and goes against the doctrine of separation of powers.
- May lead to uncertainty in the law (situation dependent as judges interpret differently).
What is the Purposive Approach?
The courts don’t just look at the gap that was in the old law, they also decide on what they believe Parliament intended.
Purposive Approach and European Law
It has been adopted by the European Court of Justice to interpret E law. The influence has been passed onto the UK in 2 ways:
- They have to accept that, the purposive approach is the correct one to use when dealing with E law.
- Using it for E law, makes judges more accustomed to it, and therefore more likely to apply it to English law.
Advantages of the Purposive Approach
- Leads to justice in individual cases.
- Broad approach covers more situations (Pickstone v Freemans PLc [1988] female warehouse operative claimed her work was equal value to male workhouse checker paid £4.22 more a week. Males in job paid same as her but the work not- The Literal Interpretation of the Equal Pay Act 1970 suggested ‘equal value’ relating to pay but would have breached treaty obligations to give effect to the Equal Pay Directive. Court used PA to interpret it as work done rather than job title.
- Fills gaps in the law.
- Allows for new technology (R v Secretary of State For Health- The Human Embryology and Fertilisation Act 1990 prevent misuse of embryos created through fertilization. Parliament was unaware of development fertilization through CNR. Courts interpretated that it would have been Parliaments intention, if they would have known it, the Act would have covered embroys created by CNR.
Disadvantages of the Purposive Approach
- Leads to judicial law making.
Magnor and St Mellons v Newport Corporation [1950]- Lord Scarman “If Parliament says one thing but means another, it is not…for the courts to correct it”. - Can make law uncertain.
- Difficult to discover the intention of Parliament.