Statutory Interpretation

Question 1

What is statutory interpretation

Answer 1

Statutory interpretation is the process by which the courts interpret and apply legislation

Question 2

Reasons for statutory interpretation?

Answer 2

• a word may have several meanings, can lead to ambiguity
• the meaning of words can change over time
• the drafting of the original bill may contain errors
• the law may have been drawn up very quickly and the wording might not be as precise as it should be.

Question 3

What are the 4 approaches to statutory interpretation

Answer 3

• literal rule
• golden rule
• mischief rule
• purposive approach

Question 4

What is the literal rule

Answer 4

Give words their plain, ordinary or literal meaning, even if the result is not very sensible

Question 5

Whiteley v Chappell

Answer 5

D posed as someone who had died, in order to vote in an election

Words interpreted: ‘impersonating any person entitled to vote’

Outcome: D was not guilty because, applying the literal rule, a dead person cannot vote

Question 6

Fisher v Bell

Answer 6

A shop-keeper put flick knives on display in hi8s shop window. D was charged with ‘offering for sale knives contrary to The Restriction of Offensive Weapons Act v1959’

Words interpreted: ‘offer for sale’

Outcome: D was not guilty, because technically, this was not an offer for sale. It was an ‘invitation to treat.’

Question 7

LNR v Berriman

Answer 7

Mrs Berrimans husband was killed while oiling points on a railway line. Compensation was available if he was ‘relaying or repairing’ the track

Words interpreted: ‘relaying or repairing’

Outcome: Mrs Berriman was not entitled to the compensation because oiling points were ‘maintaining’ the track and not ‘relaying or repairing’

Question 8

Advantages of the literal rule

Answer 8

• respects parliamentary sovereignty and prevents unelected judges from making the law
• law is more certain as it is interpreted exactly how it is written

Question 9

Disadvantages of the literal rule