Statutory interpretation Flashcards
What is the purpose of statutory interpretation, and why is it necessary
Explores how judges interpret the language of parliemant
necessary as…
- words used may be too broad
What are the 4 rules of statutory interpretation
- The literal rule
- The golden rule
- The mischief rule
- Purposive approach
Statutory interpretation
Describe the Literal Rule
judges use the exact meaning of the words used in an act, no matter how absurd the result is
Statutory interpretation
Case illustrating the literal rule
Whitelley v Chappell
Statutory interpretation
Literal rule: facts of Whiteley v Chappell
A statute made it an offence ‘to inpersonate any person entitled to vote. D used the name of a dead man to vote, found not guilty as a dead person is not entitled to vote
Statutory interpretation
Advantages and disadvantages of literal rule
Adv: Respects parliament sovreignty
Disadv: Assumes every act is drafted perfectly
Statutory interpretation
Describe the Golden rule
Extension of literal rule: words will be given their literal meaning unless it provides an absurd result
Statutory interpretation
Case illustrating golden rule
Alder v George
Statutory interpretation
Golden rule: facts of Alder v George
It was an offence to obstruct a member of the armed force ‘in the vicinity’ of a prohibited place. D was in prohibited place rather than ‘in the vicinity’
Statutory interpretation
Golden rule: held in Alder v George
Court applied golden rule as it would be absurd for a person to be liable if they were near a prohibited place and not actually in it
Statutory interpretation
Adv and disadv of golden rule
Adv: provides way of avoiding worst problems faced by golden rule
Disadv: no definition of an absurd result
Statutory interpretation
Describe the mischief rule
looks back to the gap of previous law and interprets the Act so as to cover it
Statutory interpretation
Case law of mischief rule
Smith v Hughes
Statutory interpretation
Mischief rule: Facts of smith v Hughes
Offence to solicit in a public place, D’s were prostitutes solicitinig from private areas (like balconies and windows)
Statutory interpretation
Mischief rule: Held in Smith v Hughes
Court applied mischief rule, held activites of D’s were within mischief the Act was aimed at
Statutory interpretation
Adv and disadv of mischief rule
Adv - responds positively to loopholes in the law
Disadv - judges go beyond authority by filling in gaps
Statutory interpretation
Describe purposive approach
Look at the purpose of the law
- extension of mischief rule, judges look to find what Parliament meant to achieve with the law
Statutory interpretation
Case law for purposive approach
R v coleman
Statutory interpretation
Purposive approach: Facts of R v Coleman
D burgled a narrow boat. The purpose of the Power of Criminal Courts Act was to sentence burglas on their 3rd offence
Statutory interpretation
Purposive approach: Held in R v Coleman
Courts used purposive approach, ‘The Act should be interpreted to mean the same as the Theft Act 1968
Statutory interpretation
What are some intrinsic aids judges use
A glossary of key terms in some acts
Statutory interpretation
What are some extrinsic aids judges may use
Historical context of the Act, for example ‘Offences Against a Persons Act’ uses the word grevious which is no longer in use today, but it was in use back then.