Statutory Interpretation Flashcards
What are the three rules in SI
Literal rule
Golden rule
Mischief rule
What is the literal rule
This is where the judges will follow the exact wording of the law even if it would cause an absurdity. It can use a dictionary of the time an act was passed if needed to help understand what certain words meant at the time the act was passed.
What was the case for the literal rule
Whitley v Chappell: It was an offence to impersonate anyone who was entitled to vote. D was impersonating a dead person and since a dead person was not allowed D was acquitted.
What is the Golden rule and both approaches to it
This is where the follow the literal rule but the court is allowed to avoid an interpretation that would lead to an absurd result.
Narrow approach: This is where they can only pick between different meanings of a word or phrase.
Wide approach: This is where they modify the words of the statute to avoid an absurdity if there is only one clear meaning.
Golden rule cases. Narrow and Wide
Narrow: Adler v George: The statute said it was an offence to obstruct HM forces in the vicinity of a prohibited place but D obstructed them in the base. He was found guilty as ‘in the vicinity of’ was taken to mean in as well.
Wide: Sigsworth: A man murdered his mother and wanted to inherit her estate and as a will was not made next of kin would inherit it. The court said no to this and modified the law to avoid the murderer from inheriting the estate.
What is the mischief rule
This is where the judges look at the law before and after an act was made an try to find what parliament meant to achieve with an act. Essentially they try to find the gap in the law an act was made to fill.
Case for Mischief rule
Smith v Hughes: A prostitute was claiming that she was not soliciting for business as she was in a house tapping on the window. However the act was made to try to stop solicitation in a public place. Therefore she was guilty.
What is the purposive approach
This is where they try and find what parliaments intentions where when passing an act. This was implemented from the EU and Hansard can be used for this approach.
What is the case for the purposive approach
ex Parte smith: This is where a man who was deemed psychotic and had murdered two people wanted to get his natural mothers details. However as the courts thought that he would harm her they didn’t supply the information
