STATUTORY INTERPRETATION Flashcards
What does the rules of construction mean?
- it is a term used to distinguish the ‘rules’ of the statutory interpretations from any other rules or aids
What is the literal rule?
- this rule stipulates that words must be given their plain, ordinary and literal meaning
- if the words are clear, they must be applied, even though the intention of the legislator may have been different, or the result is harsh or undesirable.
- an explanation of the rule was given in the Sussex Peerage Case (1844):
‘if the words of the statute are in themselves precise and unambiguous, then no more can be necessary than to expound those words in that natural and ordinary sense. The words themselves alone do, in such a case, best declare the intention of the law giver’
Any problems with this rule?
- as it is important that judges dont thwart the laws of Parliament, they are often inclined to use the literal rule
- this defeats point of this if it leads to absurd rules
- e.g Whitley v Chappell
- can also lead to injustice e.g London & North Eastern Railway Co v Berriman
What is the golden rule?
- this is an adaptation of the literal rule
- two ways to use the rule
- NARROW SENSE: it states that where there are two meanings of a word, they should be given their ordinary meaning as far as possible but only to extent that they don’t lead to absurd results
- WIDER SENSE: even if there is one meaning, can use GR to make corrections to avoid absurdities
- if there is any absurdity, golden rule used
- Adler v George
What is the mischief rule?
- this rule requires the interpreter of the statute to discover the legislator’s true intention
- this rule requires the court to look to what the law was before the statute was passed in order to discover what gap or mischief the statute intended to cover
- Royal College of Nursing DHSS
What is the purposive approach?
- this is a more modern approach to interpreting statutes
- judge may look at statute and its purpose
- may even distort ordinary meaning of word
- influenced by EU
- very heavily linked to mischief rule
- only this approach can change language
What was the impact of the Human Rights Act 1998 on principles of statutory interpretation?
- s3 of HRA 1998 provides that ‘so far as it is possible to do so, primary and subordinate legisaltion must be read and given effet in a way which is compatible with the Convention rights’
- ie this is a purposive approach
What are the rules of language?
- principles applied to help interpret the language in a statute
What is noscitur a sociis?
- recognition by associated words
- ‘known by the company it keeps’
What is eiusdem generis? How do you determine if this rule applies?
- of the same kind of nature
To determine whether this rule applies, it is helpful to use the structured approach set out below:
(1) Are there general words following a list of specific words?
(2) If so, what type are the specific words?
(3) Interpretation: any new item will be included in the statute only if it is of the same type as the specific words.
- Wood v Commissioner of Police of the Metropolis
- did the broken glass count as a weapon
What does expressio unius est exclusio alterius do?
- expressing one thing excludes another
- therefore mention of one or more specific things may be taken to exclude others of the same type
- R v Inhabitants of Sedgely
What is an intrinsic aid?
- this is use of the statute itself
- any words which have been debated by Parliament and are thus part of the statute are legitimate aids.
- therefore, the long and short titles, preamble (not commonly found in modern statutes), punctuation and headings may be used.
List a few extrinsic aids (aids outside the statute itself).
1) interpretation acts
- s6 of the Interpretation Act says that in all legislation the masculine includes the feminine and singular includes the plural
- dictionaries
- other statutes
- Hansard (official record of speeches, questions, answers and procedural events in Parliament)
Give some examples of where presumptions apply?
(a) against alteration of the common law.
- unless the statute expressly states an intention to alter the common law, the interpretation which does not alter the existing law will be preferred.
(b) against the retrospective operation of statutes.
- where an Act of Parliament becomes law, a presumption arises that it will apply only to future actions.
- however, some legislation is specifically stated to have retrospective effect; an example is the War Crimes Act 1991, which allows the prosecution of those suspected of committing acts of atrocity during World War II.
(c) against criminal liability without guilty intention (mens rea).
- there is a presumption in favour of mens rea or guilty mind in criminal matters.
- when creating new criminal offences, Parliament does not always define the mens rea required. In these cases, the presumption will be applied.
- in Sweet v Parsley, a school teacher was convicted of drugs offences after her tenants were discovered growing cannabis in her rented house. She was found guilty, despite her lack of knowledge of the situation, but the decision was later overturned by the House of Lords (now the Supreme Court) using this presumption.
(d) against deprivation of the liberty of the individual. Accordingly, any ambiguity in a penal or criminal statute will be interpreted in favour of the citizen.
(e) against deprivation of property or interference with private rights.
(f) against binding the Crown. Unless there is a clear statement to the contrary, legislation is presumed not to apply to the Crown.
(g) against ousting the jurisdiction of the courts.
Note: if there is strong evidence to rebut any presumption then these wont be applicable
In which circumstances can Hansard be used?
- if the statute is ambiguous or obscure or its literal meaning leads to absurdity
- the material consists clear statements from a Minister or other promoter of the Bill
