Statutory interpretation (1.1.3) Flashcards

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1
Q

Define a statute

A

An Act of Parliament

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2
Q

Define statutory interpretation

A

Procedure by which a judge works out the meaning of words in a statute and how this applies to the case facts before them

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3
Q

What are the 4 approaches to statutory interpretation?

A

-Literal Rule
-Golden Rule
-Mischief Rule
-Purposive Approach

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4
Q

Explain the literal rule and name a case related to it

A

-Judge gives the words in the statute their ordinary meaning even if it causes an absurd result
-Whitely v Chappel (1968)

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5
Q

Explain the case of Whitely v Chappel regarding the literal rule

A

-Offence to impersonate anyone entitled to vote, defendant took a dead persons vote at an election
-Found not guilty as a dead person is no longer entitled to vote

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6
Q

Explain the golden rule and name a case that relates to it

A

-If the literal rule causes an absurd result, the judge can take a wider/narrower interpretation considering the statute as a whole
-Adler v George (1964)

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7
Q

Explain the Adler v George (1964) case regarding the golden rule

A

-Offence to obstruct an armed forces officer ‘in the vicinity of a prohibited place’, defendant instructed army officer in the base
-Judge took a wider view of the case as a whole and the defendant was found guilty assuming the act included in the base

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8
Q

Explain the mischief rule and name a case that relates to it

A

-Allowed judges to use extrinsic aids such as laws before the act to discover the problem to be covered by the new law
-Elliot v Grey (1960s)

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9
Q

Explain the Elliot v Grey (1960) case in regards to the mischief rule

A

-Offence to ‘use’ an uninsured car on the road, broken down car could not be used was on side of the road
-Judge decided that even though it can not be used, the act was to remedy hazards such as this

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10
Q

Explain the purposive approach and name a case associated with it

A

-Looks at the purpose of the act and Parliaments goals with it
-Magar and St Mellons Rural district council v Newport Corporation (1950)

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11
Q

What did Lord Denning state in regards to the purposive approach in the case of Magar and St rural district council v Newport Corporation (1950)?

A

We sit here to find out the intention of Parliament and of ministers and carry it out

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12
Q

State 3 reasons why a judge may have to interpret a statue

A

-a broad term is used
-changes in the use of language over time
-words with more than one meaning
-drafting error not picked up at the bill stage
-new developments in modern situations

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13
Q

Give 3 example of intrinsic aids that judges can use to interpret a statute

A

-long/short title
-preamble (states aim of act - not on newer statutes)
-interpretation sections (explains what certain words mean)
-explanatory notes (explains context throughout statute)

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14
Q

What is an intrinsic aid?

A

Aid found within an act itself to help with statutory interpretation

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15
Q

What is an extrinsic aid?

A

Aid found outside the act to help with statutory interpretation

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16
Q

Give 3 examples of extrinsic aids

A

-dictionaries at the time of the statute
-textbooks
-previous case law
-treaties
-Hansard (originally not allowed due to separation of powers, now allowed under specific circumstance)

17
Q

What are the rules of language (intrinsic)?

A

-Of the same kind
-Express mention of one thing is the exclusion of others
-A word is known by the company it keeps

18
Q

What does ejusdem generis (of the same kind) mean?

A

General words are limited to the same kind/class/nature as the specific words

19
Q

Which case relates to the rule of language: of the same kind?

A

Powell v Kempton (1899)
-offence to use a house/office or other place for betting, defendant used a ring at a racecourse
-found not guilty as specific words are places indoors

20
Q

What case relates to the rule of Language: express mention of one thing is the exclusion of others?

A

R v inhabitants of Sedgley (1831)
-statute states houses, land and coal mines
-excludes application to other mines

21
Q

What does noscitur a soclis (a word is known by the company it keeps) mean?

A

Words in a statute must read in context of the other words around them

22
Q

Explain the case of Muir v Keay (1875) in relation to the rule of language: a word is known by the company it keeps

A

-statue required licensing of venues providing entertainment and other specifics, defendant argued cafe didn’t fall under the act as he didn’t provide entertainment
-court held that entertainment didn’t specifically mean musical entertainment

23
Q

What is the impact of EU law on statutory interpretation?

A

-Purposive approach used by most
-English courts moved towards purposive approach prior to Brexit as they had to use it when interpreting EU laws

24
Q

How does the Human Rights Act Law affect statutory interpretation?

A

Section 3 HRA: as far as it is possible to do so, legislation must be read and given effect in a way which is compatible with the rights in the European Convention of Human Rights