Statutory interpretation (1.1.3) Flashcards
Define a statute
An Act of Parliament
Define statutory interpretation
Procedure by which a judge works out the meaning of words in a statute and how this applies to the case facts before them
What are the 4 approaches to statutory interpretation?
-Literal Rule
-Golden Rule
-Mischief Rule
-Purposive Approach
Explain the literal rule and name a case related to it
-Judge gives the words in the statute their ordinary meaning even if it causes an absurd result
-Whitely v Chappel (1968)
Explain the case of Whitely v Chappel regarding the literal rule
-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
Explain the golden rule and name a case that relates to it
-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)
Explain the Adler v George (1964) case regarding the golden rule
-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
Explain the mischief rule and name a case that relates to it
-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)
Explain the Elliot v Grey (1960) case in regards to the mischief rule
-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
Explain the purposive approach and name a case associated with it
-Looks at the purpose of the act and Parliaments goals with it
-Magar and St Mellons Rural district council v Newport Corporation (1950)
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)?
We sit here to find out the intention of Parliament and of ministers and carry it out
State 3 reasons why a judge may have to interpret a statue
-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
Give 3 example of intrinsic aids that judges can use to interpret a statute
-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)
What is an intrinsic aid?
Aid found within an act itself to help with statutory interpretation
What is an extrinsic aid?
Aid found outside the act to help with statutory interpretation
Give 3 examples of extrinsic aids
-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)
What are the rules of language (intrinsic)?
-Of the same kind
-Express mention of one thing is the exclusion of others
-A word is known by the company it keeps
What does ejusdem generis (of the same kind) mean?
General words are limited to the same kind/class/nature as the specific words
Which case relates to the rule of language: of the same kind?
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
What case relates to the rule of Language: express mention of one thing is the exclusion of others?
R v inhabitants of Sedgley (1831)
-statute states houses, land and coal mines
-excludes application to other mines
What does noscitur a soclis (a word is known by the company it keeps) mean?
Words in a statute must read in context of the other words around them
Explain the case of Muir v Keay (1875) in relation to the rule of language: a word is known by the company it keeps
-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
What is the impact of EU law on statutory interpretation?
-Purposive approach used by most
-English courts moved towards purposive approach prior to Brexit as they had to use it when interpreting EU laws
How does the Human Rights Act Law affect statutory interpretation?
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
