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Law > Statutory Interpretation > Flashcards

Statutory Interpretation Flashcards

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1
Q

Statutory interpretation

A

When the judiciary can interpret the meaning of laws when they are hearing cases

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2
Q

Why is statutory interpretation needed? (4)

A
  • Ambiguity
  • Language changes over time
  • New technical terms and words are introduced
  • Errors can be made in statutes
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3
Q

Different approaches to statutory interpretation? (4)

A
  • Literal rule
  • Mischief rule
  • Golden rule
  • Purposive approach
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4
Q

Literal rule

A

When an act has its plain, ordinary and literal meaning even if its result is absurd

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5
Q

What did Lord Esher say about the literal rule?

A

“If the words of an act are clear then you must follow them even though they lead to a manifest absurdity.”

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6
Q

Examples of when the literal rule was applied

A
  • Fisher v Bell (1960)
  • Lner v Berriman (1946)
  • Whiteley v Chappell (1868)
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7
Q

What happened in Fisher v Bell (1960)

A

The defendant had a flick knife displayed in his shop window with a price tag on it. Statute made it a criminal offence to ‘offer’ such flick knives for sale. His conviction was quashed as goods on display in shops are not ‘offers’ in the technical sense.

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8
Q

What happened in LNER v Berriman?

A

A railway worker was killed whilst oiling the track. A statute provided compensation for ‘relaying or repairing the track’. Under the literal rule oiling did not come into either of these categories. The widow was entitled to nothing.

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9
Q

What happened in Whiteley v Chappell?

A

It’s an offence ‘to impersonate any person entitled to vote.’ The defendant used the vote of a dead man. The statute required a person to be living in order to vote. The literal rule was applied and the defendant was thus acquitted.

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10
Q

Advantages of the literal rule (3)

A
  • Respects parliamentary sovereignty
  • Predictable interpreting
    -Laws are more certain and clear
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11
Q

Disadvantages of the literal rule (4)

A
  • Assumption of perfectly written laws
  • Words are ambiguous so a law can be unclear
  • Absurd decisions
  • Mechanical + divorce from reality of language
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12
Q

Golden Rule

A

An extension of the literal rule where the judge will apply the law unless the outcome is absurd, and will interpret the law for the best result

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13
Q

What are the two types of golden rules?

A
  • Narrow
  • Broad
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14
Q

Narrow Golden Rule

A

If the words are capable of more than one meaning then the judge can choose to interpret

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15
Q

Broad Golden Rule

A

Where the meaning of a word is not ambiguous but to give its literal meaning would produce a repugnant outcome, allowing the judge to interpret it

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16
Q

Examples of golden rule

A
  • Re Sigsworth
  • Adler v George
17
Q

What happened in Re Sigsworth?

A

A son murdered his mother. She had not made a will. Under a statute he was her sole issue and stood to inherit her entire estate. The court applied the Golden rule. He was thus entitled to nothing.

18
Q

What happened in Adler v George?

A

Under the Official Secrets Act 1920 it was an offence to obstruct a member of an armed force ‘in the vicinity’ of a prohibited place. The defendant was actually in the place protesting. The court applied the golden rule, which is that the defendant was actually in the place and obstructing. His conviction was upheld

19
Q

Advantages of the Golden rule

A
  • Gives literal meaning to the words whenever possible and therefore respects Parliament
  • Avoids absurd results caused by the literal rule
20
Q

Disadvantages of the Golden rule

A
  • Different judges mean different opinions on absurdity
  • Undemocratic: Judges are unelected
  • Limitations to where it can be used
21
Q

Mischief rule

A

Rule which gives more discretion and says court should consider 4 things

22
Q

What are the 4 things the court must consider under the mischief rule?

A
  • What was the common law before the Act?
  • What was the mischief that the common law did not deal with?
  • What was the remedy Parliament passed?
  • What was the reason of the remedy?
23
Q

Examples of the mischief rule

A
  • Smith v Hughes
  • RCN v DHSS
  • Corkery Carpenter
24
Q

What was the mischief in Smith v Hughes?

A

Prostitutes soliciting

25
Q

What was the mischief in RCN v DHSS?

A

Backstreet abortions

26
Q

What was the mischief in Corkery v Carpenter?

A

Riding a bicycle whilst drunk

27
Q

Advantages of the mischief rule

A
  • Can avoid unfair or absurd result by looking at what the Act was trying to achieve
  • Law commission prefers this rule and recommend it be the only rule
28
Q

Disadvantages of the mischief rule

A
  • Undemocratic parliamentary supremacy
  • Mischief can be hard to identify
  • Creates uncertainty
29
Q

Purposive approach

A

‘We sit here to find out the intention of Parliament and carry it out, and we do this better by filling in the gaps and making sense of the enactment’ - Lord Denning

30
Q

Examples of the purposive approach

A
  • R v Registrar - General, ex parte Smith
  • Jones v Tower Boot Co
31
Q

Why should we shift to the purposive approach?

A
  • Law commission prefer it
  • Favoured by European institutions to interpret EU Law
32
Q

R v Registrar - General, ex parte Smith

A

The child was denied access to his original birth certificate in fear that he may harm his mother as he was jailed for murder and manslaughter

33
Q

Jones v Tower Boot Co

A

Mr Jones, of mixed race, was subjected by fellow employees to verbal abuse and physical attack. The employment tribunal held that acts carried out by Mr Jones’ colleagues were “in the course of their employment” and that his employers were liable

34
Q

Advantages of the purposive approach

A
  • Justice to individual cases
  • Allows courts to fill gaps in the law
  • Regularly used when there is new tech
35
Q

Disadvantages of the purposive approach

A
  • Uncertainty
  • Undemocratic bodies make laws
  • Difficult understand Parliament’s intention when they passed the law
  • Makes it difficult for lawyers to plan their argument
  • Lord Simmons: Naked usurpation of the legislative function

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