Statutory Interpretation Flashcards
Why statutory interpretation is used
Act may be broad
Drafting error
Unclear/confusing
Changes in language
4 types of statutory interpretation
Literal rule
Golden rule
Mischief
Purposive
Literal rule and cases
Give words in act their ordinary meaning.
Fisher v Bell-illegal to sell, hire or offer. Wasn’t doing that so not guilty
DPP v Cheeseman-policemen were not passengers, so D was not guilty of masturbating in a public toilet
Berriman-not entitled to compensation as husband wasn’t repairing track, he was ‘maintaining’ it
Golden rule
When literal rule leads to an absurd outcome
2 approaches of golden rule
Narrow-choose between 2 or more definitions
Broad-judges add words to the act
2 cases for golden rule
R v Allen-2 definitions of marriage, judge chose ‘a wedding ceremony’, so you can only get legally married once
Adler v George-D was inside, not in ‘vicinity’, so judge added the word inside
Mischief rule
Looks at what parliament aimed to prevent
What outlines the process of mischief rule (4)
Heydon
- What was the common law before
- What was the mischief (defect)
- What remedy did parliament try to provide
- Judges give effect by interpreting accordingly
Mischief rule case
Royal College of Nursing v DHSS-illegal for a non-registered medical practitioner to perform abortions. Literally, nurses were guilty, but judges found the mischief to prevent backstreet dangerous abortions, so not guilty.
Purposive approach and case
Judges find parliaments intention by looking at what they were trying to achieve
Pepper v Hart-whether tax was due on reduced school fees. Used hansard where it stated tax was not payable
Aids to interpretation types and examples
Intrinsic e.g short/long titles help identify purpose
preamble
Extrinsic e.g Hansard(Pepper v Hart), dictionary at time of passed(Cheeseman), law commission reports (Black Clawson-helped identify why act was made)
Rules of language (3)
Ejusdem generis-of the same kind
Expressio rule-express mention of one thing excludes all others
Noscitur a sociis-take the meaning from the company it keeps
Ejusdem generics case
Powell v Kempton Park Racecourse
‘Other place’ only referred to indoors, so not liable as was betting outdoors
Expressio rule case
Tempest v Kilner-D sold stocks and shares which weren’t on specific list, so not included.
Noscitur a sociis
Inland Rev v Frere
Mentioned Interest, annuities and other annual interest. Since annuities and annual interest is paid yearly, the first interest should be paid annually too
