Statutory Interpretation Flashcards
How might a Statute be unclear?
-Using broad terms
-Ambiguity
-Drafting errors
-New inventions/technology
-Changes in the use of language
What did Lord Esher say the literal rule meant?
If the words of an Act are clear, you must follow them even if they lead to a manifest absurdity.
What do judges use to find the literal meaning of statutes?
The dictionary from the date of the Act.
LITERAL RULE
Which act was being interpreted in LNER v Berriman?
Fatal Accidents Act 1846.
LITERAL RULE
Which phrase in LNER v Berriman was being interpreted?
‘relaying and repairing’
LITERAL RULE
What interpretation was given in LNER v Berriman and therefore what was the outcome?
Mr Berriman had been maintaining the track which did not count as relaying or repairing. Therefore the railway company didn’t have to provide a lookout and did not have to pay Mrs Berriman any compensation.
LITERAL RULE
Which act was being interpreted in DPP v Cheeseman?
Town and Police Clauses Act 1847.
LITERAL RULE
Which phrase in DPP v Cheeseman was being interpreted?
‘passengers’
LITERAL RULE
What interpretation was given in DPP v Cheeseman and therefore what was the outcome?
The police did not count as passengers as they were stationed in the bathroom, not passing by it when D was masturbating. Therefore D was found not guilty.
What are the advantages of the literal rule?
-Provides certainty within the law as acts will always have the same meaning which keeps the law fair and consistent.
-Saves judges’ time as they simply have to look up the dictionary meaning of the words and don’t need to hear complicated arguments in court- swift justice.
-Respects Parliamentary supremacy as it follows Parliament’s exact words which is good because it is Parliament’s job not a judge’s to make the law.
-Respects separation of powers as judges are merely interpreting the law and therefore doing their constitutional role.
-Makes laws easier to understand so they are more likely to be followed.
What are the disadvantages of the literal rule?
-Can lead to absurdity as bad decisions can be made due to technicalities which can prevent justice.
-Doesn’t apply to words with multiple meanings, or ambiguity and judges may disagree on the literal meaning making it difficult to apply the literal rule.
-Assumes perfection in drafting and Parliament’s intention may not be fulfilled due to an error in the Act.
-Doesn’t allow for judicial creativity which means the law may be outdated and Parliament has to spend time updating old laws.
-Changes in the use of language may make it hard for the general public to understand laws if they are outdated as the literal meaning might be unclear so they might not be followed.
What is the golden rule?
A modification or extension of the literal rule used to avoid an absurdity if the literal meaning was used.
What did Lord Reid say the narrow approach meant?
If there is more than one meaning of a word, the court can choose the word with the most appropriate meaning.
How does the broad approach work?
The courts can modify the words of a statute to avoid an absurd result.
GOLDEN RULE (NARROW)
Which act was being interpreted in R v Allen?
Offences Against the Person Act 1861.
GOLDEN RULE (NARROW)
Which phrase in R v Allen was being interpreted?
‘marry’
GOLDEN RULE (NARROW)
What interpretation was given in R v Allen and therefore what was the outcome?
Marry could mean either to legally marry or to go through a marriage ceremony. The court chose the second meaning to find D guilty of bigamy. If they had chosen the first meaning then bigamy would have been impossible as bigamy prevented a person being able to legally marry 2 people which is not what Parliament intended.
GOLDEN RULE (BROAD)
Which act was being interpreted in Re Sigsworth?
Administration of Estates Act 1925.
GOLDEN RULE (BROAD)
Which phrase in Re Sigsworth was being interpreted?
‘issue’
GOLDEN RULE (BROAD)
What interpretation was given in Re Sigsworth and therefore what was the outcome?
Issue was clear but the court modified the Statute by adding ‘but not where the issue has murdered the deceased’ so Re Sigsworth did not get his mother’s inheritance. This was because Parliament clearly did not intend for a murderer to benefit from their crime.
What are the advantages of the golden rule?
-Avoids absurdity as judges can change the word of a statute to make the words and meanings make sense in the circumstances.
-Puts Parliament’s intention into practice even when the wording of a statute wasn’t worded in a way that would do so.
-Applies to words with multiple meanings which fixes this problem with the literal rule.
-Allows for judicial creativity which saves Parliament’s time as they don’t have to keep updating old laws.
-Drafting errors or loopholes like in R v Allen can be corrected.
What are the disadvantages of the golden rule?
-Creates uncertainty in the law as judges may disagree on when or how to change the words in an act.
-Goes against Parliamentary supremacy and separation of powers as it shouldn’t be judges who are changing the laws.
-Narrow approach is inflexible so judges may not be able to avoid the absurdity.
-Only works when the outcome from literal rule would be absurd- unfair outcomes can’t use the golden rule.
How does the mischief rule work?
It allows judges to consider what mischief Parliament was trying to stop when it passed the Statute rather than simply concentrating on the word of the Statute.
What are 2 of the 4 rules that Heydon’s case decided must be asked when using the mischief rule?
What was the common law before the Act was made?
What was the mischief for which the common law did not provide?
MISCHIEF RULE
Which act was being interpreted in Smith v Hughes?
Street Offences Act 1959.