Statutory Interpretation Flashcards
Name the 3 rules used to help judges agree on the interpretation of words in a statute
Literal , golden and mischief
Describe the literal rule
-words are given their plain and ordinary meaning - as said by Lord Esher
Name and explain a literal rule case
-Whitley v Chapel 1868 = D had pretended to be a person whose name was on thr voters list but was dead, charged under a statute where it was an offence to impersonate “any person entitled to vote” - it was held D was bit guilty as a dead person is not literally “entitled to vote”
Name one other case to show the literal rule
London & North Eastern Railway V Berriman 1946
Name 2 advantages and 2 disadvantages of the literal rule
- strength= prevents unelected judges making law + makes thr law more certain/easier to understand
- weakness= not every act is perfectly drafted so this rule can lead to abusrd, unfair or unjust decisons
What is the golden rule
- an extension of the literal rule , but aimed to avoid an interpretation that would be abusrd
- two approaches narrow and wider
What is the narrow application of the golden rule , and the case that shows this ?
The N approach is used when a word is capable of more than one literal neaning
- R V Allen= mr Allen convicted of bigmany but argued he was not guilty as he was not legally married to two women , however the court held ‘marry’ meant “ to go through thr marriage cermeony”
Name one more narrow approach case
Adler V George- convicted of trespassing under a statue that stated it was an offence to be “in the vicinity of” , however it was argued they wete not in tbe vincity they were in the building , however using the golden rule it was stated it should be read “ in or in tbr vicinty of”
What is the broader approach of the golden rule and name a case
Used where the word is not ambiguous , the judge can choose to not follow the ordinary meaning of the word as to bring about a better result or avoid a repugant result
-Re Sigsworth= D murdered his mother to inherit all of her estate as he was her next of kin or “issue” , however the golden rule was used to avoid a repugant situation
Name 2 advnatages and 2 disadvantages of the golden rule
- strength= provided an escape from abusrd literal meaning + can avoid repugnant situations + the judge can choose the most sensible meaning of the word
- weakness= it is limited in its use and used rarely + it is not possible to predict when the court will use it
What is the mischief rule and name a case
- aims to fill gaps in the law/ stop the “mischief” parliament aimed to stop - it was established in heydons case
- Smith V Hughes=
