Statutory interpretation Flashcards
Describe statutory interpretation
Where a judge gives a meaning to words of an act of parliament when they are delivering judgment in court.
Three rules of Statuary interpretation
Literal rule
Golden rule
Mischief rule
Literal Rule
-Where judge takes words literally using their dictionary definition
-May be used even if result is not sensible
-Fisher v Bell
Lord esher in R v Judge of city of London court says what…
Literal rule - “If words of an act are clear then you must follow them even if they lead to an absurdity. Court has nothing to do with the question whether the legislature has committed an absurdity”
Golden Rule
-Modification of literal rule
-Starts by looking at literal meaning of words but Judge is then allowed to avoid an interpretation that would lead to an absurd result
-Narrow approach of rule and Broad approach of rule
Golden rule Narrow Approach
-Where the court chooses a possible meaning of words but if their is only one meaning, that must be given
-Adler v George and R v Allen
Golden rule broach approach
-If a clear meaning of words would lead to repugnant decision then judge will modify the meaning of the words.
-Re Sigsworth
Mischief Rule
-Gives judge more discretion when interpreting legislation
-Definition of rule comes from R V Heydon’s case
-Test says….
1. What was common law before making of the act
2.What was the mischief and defect for which the common law did not provide
3.What was the remedy the parliament hath resolved and appointed to cure the disease of the commonwealth
4.The true reason of the remedy
Smith v Hughes
Purposive Approach
-judges are deciding what they believe parliament meant to achieve and giving effect to that purpose
-Purposive approach used at judges discretion to make sure purpose of act is given effect
-supported by lord denning in case of Magor and St Mellons v Newport Corporation - “We sit there 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 than by opening it up to destructive analysis”
Purposive Approach Criticism
-Lord Simmons called lord Dennings approach - “if parliament says one thing but means another, it isotopes, under historic principles of the common law, for the courts to correct it”
Intrinsic Aids
-Judges can use certain items within the astute to help make the meaning of some words clearer
-Consider title of act
-Longer title may also explain briefly parliaments intentions
-Headings before a group of sections and schedules attached to act
-Marginal notes that explain different sections
Extrinsic Aids
Items outside of act which may help a judge find meaning of words in act
-Relevant pre legislative documents, Green and white papers, commission reports
-Previous acts of parliament on same topic
-dictionaries at the time, Cheeseman v DPP
-Academic books or publications
What will be considered by judges when using purposive approach
-Hansard
-Explanatory notes published in, or with, the act
-International treaties or conventions
-The interpretations act 1978
What is Hansard
-Official report of what was said in parliament when act was debated
-Pepper v Hart
-Hansard may be considered but only where the words of act are ambiguous or obscure or lead to an absurdity.
-Limited use
Interpretation act 1978
Provides a definition of certain words that are frequently used in legislation. For example,
-Land includes building and other structures
-month means calendar month
Act also provides that unless the contrary intention appears:
1.Words importing the masculine gender include the feminine
2.Words importing the feminine gender include the masculine
3.Words in the singular include the plural and words in the plural include the singular
