Statutory Interpretation

Question 1

Why is statutory interpretation needed?

Answer 1

Broad terms- type of dog in Dangerous Dog Act
Ambiguity- words can carry more than one meaning
Drafting error- not every act is perfectly drafted
Changes in language- meanings may change such as “gay”

Question 2

What are the 4 rules of statutory interpretation?

Answer 2

Golden
Mischief
Literal
Purposive Approach

Question 3

What is the literal rule?

Answer 3

When word is given its exact plain, ordinary literal meaning even if not sensible
Can create absurdity but used in many cases
Fisher v Bell/ Whiteley V Chappell- dead person can`t vote
London & North Eastern Railway V Berriman

Question 4

What are the advantages of the literal rule?

Answer 4

Leaves law making to Parliament preventing judge made law
Respects Parliamentary Sovereignty- legal authority
Makes law more certain- lawyers can advise
Identifies flaws within acts- Fisher v Bell

Question 5

What are the disadvantages of the literal rule?

Answer 5

Can lead to absurdity- Whiteley V Chappell
Can lead to unjust- Berriman
Words can have more than one meaning
Assumes every Act is perfectly drafted and defined

Question 6

What is the Golden Rule?

Answer 6

Literal rule will apply unless it leads to absurdity
Allows for more sensible meaning
Wider and Narrow Approach
Narrow- Jones v Dpp- if capable of more than one meaning, can chose between those meanings/ R v Allen- “Marry” interpreted to stop bigamy
Wider- Re Sigsworth- prevented murder inheriting mothers will- allows judges to chose another meaning entirely

Question 7

What are the advantages of the Golden Rule?

Answer 7

Respects exact words of Parliament excepted in limited situations
Can prevent absurdity and injustice caused by literal rule
Helps court put into practice what Parliament meant (R v Allen)

Question 8

What are the disadvantages of the Golden Rule?

Answer 8

Provides no clear meaning of an absurd result
Limited scope
Provides avenue for judicial law making

Question 9

What is the mischief rule?

Answer 9

Where courts will look at what the common law was before the Act was passed in order to discover what “mischief” it was intended to cover
Defined in Heydons Case Courts should interpret the Act so that the gap is covered Rule in Heydons case was reinstated into 3 by Jones V Wrotham Park Settled Estate
Smith v Hughes- window prostitution
However DPP V Bull- male can`t be prostitute
Royal College of Nursing v DHSS

Question 10

What are the advantages of the mischief rule?

Answer 10

Helps avoid absurdity and injustice
Looks at gap in previous law and interprets to achieve mischief
Historical context

Question 11

What are the disadvantages of the mischief rule?

Answer 11

Creates risk of judicial law making and goes against doctrine of separation of powers
May lead to uncertainty
Heydon`s case is archaic so now legislative situation is different

Question 12

What is the purposive approach?

Answer 12

Goes beyond the mischief rule
Courts don`t just look at gap but decide on what they believe Parliament intended
R v Registrar General
R v Secretary State of Health- embryos
Pickstone vs Freemans Plc

Question 13

What are the advantages of the purposive approach?

Answer 13

Leads to justice in individual cases
Broad approach covers more situations- Pickstone v Freeman- female equal pay
Fills in gaps in law
Allows for new technology

Question 14

What are the disadvantages of the purposive approach?

Answer 14

Leads to judicial law making
Can make law uncertain
Difficult to discover intention of Parliament

Question 15

What are the 3 rules of language?

Answer 15

Ejusdem Generis- of the same kind
Expressio unius exclusio alterius- mention of one thing excludes the other
Noscitur a sociis- word known by company it keeps

Question 16

What is Ejusdem Generius?

Answer 16

Where there is a list of words followed by general words, the general words are limited to same kind of item as the specific words
“General rule”
There must also be at least 2 words in a list before the general word for this rule to operate
“Dogs, cats and other animals”
“Burgundy, crimson and other colours”
Powell V Kempton Racecourse

Question 17

What is expressio unius exclusio alterius?

Answer 17

Where there is a list of words which is not followed by general words then the Act applies only to the items in the list
"Specific rule"
"Lions, tigers and bears"
"Persian cats"
Tempest v Kilner

Question 18

What is noscitur a sociis?

Answer 18

Words must be be looked at in their context and interpreted accordingly which involves looking at words in the same section or other sections in the Act
“Context rule”
“cat baskets, toy mice and food”

Question 19

What are intrinsic aids?

Answer 19

Title of statute- long and short
Preamble- parliaments purpose for enacting
Headings of groups and sections
Marginal notes

Question 20

What are the advantages of intrinsic aids?

Answer 20

Helps make law clearer

Long title sets out main purpose of the Act

Question 21

What are the disadvantages of intrinsic aids?

Answer 21

Not all intrinsic aids are located in every statute
Some headings are inputted by printer not Parliament
Definitions aren`t always included within statutes leading to judicial law making

Question 22

What are extrinsic aids?

Answer 22

Previous acts of parliament on the same topic
Historical context
Earlier case law
Doctrines of the time
Explanatory notes
Hansard, reports, dictionaries

Question 23

What is hansard?

Answer 23

Parliamentary debate
Pepper v Hart allowed Hansard to be used in limited way
Hansard can be given wider use

Question 24

What are law reports?

Answer 24

Helps court understand purpose of law
Can also aid with finding Parliaments intentions
Parliament may change purpose or intention of the report during legislative process rendering it useless

Question 25

What are advantages and disadvantages of hansard?

Answer 25

Available for everyone to consult
Can be helpful in cases
However cost is high