Statutory Interpretation Flashcards
what is the literal rule?
plain, ordinary, dictionary meaning on the day an act was passed
still used as the starting point of interpretation today
what are the cases for the literal rule?
(Whitely v Chappell)-dead person not entitled to vote
(London and North Eastern Railway Co. v Berriman)-relaying and repairing the track instead of maintaning
what are the advantages of the literal rule?
democratic
makes laws more certain
what are the disadvantages of the literal rule?
can lead to absurd results-(Whitely v Chappell)
can lead to unjust results-(London and North Eastern Railway Co. v Berriman)
what is the golden rule?
should use literal rule unless it would produce absurd result
- narrow golden rule
- wide golden rule
what is the narrow golden rule and cases?
only use if more than one meaning of the word-choose meaning that avoids absurdity
- (Jones v DPP)-ambiguous meaning
- (R v Allen)-bigamy-“to marry” had two meanings “being validly married” and “to go through ceremony”-judges chose 2nd meaning as went through ceremony but not validly married
what is the wide golden rule and cases?
(R v Sigsworth)-son murdered mother and couldn’t get inheritance
what are the advantages of the golden rule?
- respects words of parliament
- sensible decisions
what are the disadvantages of the golden rule?
- unpredictable and lacks guidelines-(Michael Zander)-“unpredictable safety valve”
- not much use-(Michael Zander)-“feeble parachute”
what is the mischief rule?
judges should look for mischief act was intended to remedy and interpret in such a way act was achieved
(Heydon’s Case)-4 factors
- what was the common law before act passed
- what was mischief act was designed to remedy
- what was remedy that parliament was trying to provide
- what was reason for remedy
what are the cases for mischief rule?
(Smith v Hughes)-Street Offences Act 1959-soliciting in the street
(Royal College of Nursing v DHS)-Abortion Act 1967-registered medical practitioner
what are the advantages of the mischief rule?
- fulfils purpose of the law-(Smith v Hughes)
- more likely to produce just results-unlike (Berriman)
what are the disadvantages of the mischief rule?
- undemocratic
- uncertainty-(Stock v Frank Jones)-ordinary citizens and their advisers hardly know where they stand
what is the purposive approach?
court look for purpose of act and interpret it in such a way that purpose is achieved
what are the cases for the purposive approach?
(R v Registrar General ex parte Smith)-Adoption Act-couldn’t find birth mother
(Jones v Tower Boot Company)-Race Relations Act
