Statutory Interpretation

Question 1

What is the literal rule?

Answer 1

Words give their plain ordinary doctorate meaning

Question 2

Cases for the literal rule (2)

Answer 2

Whitely v Chapell

LNER v Berriman

Question 3

Advantages & Disadvantages of the literal rule

Answer 3

Adv-

1. Follows wording of parliament
2. Prevents unelected judge law making
3. Makes the law more certain
4. Easier to predict how judges will interpret the law

Dis-

1. Not all acts are perfectly drafted
2. Words have more than one meaning
3. Can lead to unfair or unjust decisions

Question 4

Define the golden rule

Answer 4

Can choose best interpretation of ambiguous words or avoid an absurd or repugnant result

Question 5

Cases of the golden rule (2)

Answer 5

Adler v George

Re sigsworth

Question 6

Advantages and disadvantages of the golden rule

Answer 6

Adv-

1. Respects the words of parliament
2. Allows judge to choose most sensitive meaning
3. Avoids the worst problems of the literal rule

Dis-

1. Can only be used in limited situations
2. Not possible to predict when courts will use it
3. It is a ‘feeble parachute’

Question 7

Define the mischief rule

Answer 7

Looks at the gap ‘what parliament intended’ on the law prior to the act & interprets words to ‘suppress the mischief’

Question 8

Cases of the mischief rule (2)

Answer 8

Smith v Hughes

Royal college of nursing

Question 9

Advantages and disadvantages of the mischief rule

Answer 9

Adv-

1. Promotes the purpose of law
2. Fills the gap in the law
3. Produces a ‘just’ result

Dis-

1. Risk of judicial law making
2. Not as wide as the purposive approach
3. Limited to looking at old law
4. Can make law uncertain

Question 10

Define the purposive approach

Answer 10

An approach used by courts to look at the purpose of the law (reason behind it)

Question 11

Cases for the purposive approach

Answer 11

R v registrar general

Royal college of nursing

Question 12

Advantages and disadvantages of the purposive approach

Answer 12

Adv-

1. Leads to justice in individual saws
2. Allows for new developments in technology
3. Avoids absurd results

Dis-

1. Difficult ti find parliaments intention
2. Allows judges to make laws
3. Leads to uncertainty in law

Question 13

What are internal aids of statutory interpretation

Answer 13

1. Short title & premable
2. Interpretation sections
3. Headlings
4. Schedules

Question 14

What’s the external aids of statutory interpretation

Answer 14

1. Hansard - official report of what’s said in parliament
2. Reports of law reform bodies
3. International conventions, regulations, directives implemented by English legal system

Question 15

Cases for external aids

Answer 15

Davis v Johnson
Pepper v Bart
Cheese man v dpp