Statutory interpretation Flashcards

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1
Q

What does statutory interpretation involve?

A

-The role of judges when applying an act of parliament.

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2
Q

What do European laws tend to do and why?

A

-outline what the law is meant to achieve.
-gives judges flexibility in how to apply the law.

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3
Q

What are the 5 rules of statutory interpretation?

A

-Literal
-Golden rule wide
-Golden rule narrow
-Mischief
-Purposive

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4
Q

What is the English language often labelled as?

A

-Ambiguous

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5
Q

What law did parliamentary draftsmen ‘rush’ and what consequences did this have?

A

-‘Dangerous dogs act 1991’
-unthought consequences.

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6
Q

What case outlines the issue when a statute is worded well?

A

-Royal college of nursing v DHSS
-problematic because of future social and technological advances.

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7
Q

What is meant by the literal rule?

A

-judges interpret the words exactly as they are written word for word.

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8
Q

Which cases follow the literal rule?

A

-Cheeseman V DPP
-Whitley V Chapel
-Fisher V Bell
-London & NE railway Co V Berriman

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9
Q

What did Lord Esher say in 1892 regarding the literal rule?

A

‘The court has nothing to do with the question of whether the legislature has committed an absurdity’.

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10
Q

What did professor Zander say regarding the literal rule?

A

‘mechanical’ and ‘divorced’ so it’s not a viable rule.

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11
Q

Fisher V Bell?

A

-Flick Knife on display in shop window wasn’t technically ‘offered’.

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12
Q

Cheeseman V DPP?

A

-A man indecently exposing himself -the police caught him, but it wasn’t the ‘passenger’ outlined in act
-Was found not guilty.

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13
Q

London& NE railway Co V Berriman

A

-Husband died on the tracks carrying out ‘maintenance’
-was not ‘relaying the track’. She did not get the insurance money

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14
Q

Whitley V Chapel

A

-illegal to ‘impersonate any person entitled to vote.
-defendant dead

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15
Q

What is meant by the golden rule narrow?

A

-modification of the literal rule.
-start with literal rule and if absurd avoid (not what parliament intended).

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16
Q

Which cases demonstrate the golden rule narrow?

A

-R V Allen

17
Q

R V Allen

A

-man got married 2x
-word marry has 2 meanings, literal and not.
-in the literal sense it is impossible to get married twice legally.
-Non-literally refers to the ceremony.

18
Q

What is meant by the golden rule wide?

A

-judge understands the meaning but…
-avoiding it all together- not applying the literal rule because it would undesirable

19
Q

Which cases go with the golden rule wide?

A

-Re Sigsworth
-Alder V George

20
Q

Re Sigsworth?

A

-A son killed his own mother and was in jail.
-money would go to him- this would be absurd.
-The golden rule wide was followed so he didn’t get the money because otherwise result would be undesirable.

21
Q

Alder V George?

A

-Illegal to obstruct a member of the armed forces in the vicinity of a prohibited place.
-d was inside- ‘vicinity given a wide interp’- guilty.

22
Q

What is meant by the mischief rule?

A

-This rule gives a judge discretion.
-The rule finds the gap in the law
-A judge should interpret the law to fill in the gap/ go back to when the law was made to see the intent.

23
Q

Which case established the mischief rule?

A

-Heydon’s case.

24
Q

Which cases go with the mischief rule?

A

-Smith V Hughes
-RCN V DHSS

25
Q

What rules did Heydon’s case establish?

A

1- Find the common law at the time the act was passed.
2- Look for the mischief (problem addressed in the law).
3- How did parliament attempt to resolve/remedy the problem.
4- Apply the remedy -wide interpretation - what was the purpose of the act.

Trying to do what parliament wanted.

26
Q

Smith V Hughes

A

-prostitutes on the ‘balcony’ but the stature said ‘street’.
-Judges followed the mischief rule and to bring about the will of parliament.

Found: guilty- purpose was to get prostitutues off the street.

27
Q

RCN V DHSS

A

-Nurse partway carried out an abortion ‘did not count as registered medical practitioner’, but the abortion was safe.
-The judges ruled it was fine as the original law was to stop dangerous backstreet abortions.

28
Q

What is meant by the purposive approach?

modern interpretation of the mischief rule.

A

-not just finding the gap.
-interpreting rules with a modern perspective.

-arguably very important within EU law.

29
Q

Which cases follow the purposive approach?

A

-Jones V Tower Boot Co
-Fitzpartic V Sterling

30
Q

What did Lord Denning argue about the purposive approach?

A

‘it was opening the courts up to destructive analysis’

31
Q

Jones V Tower Boot Co?

A

-Young black man physically and racially abused during work breaks.
-TB said it wasn’t in the course of employment so couldn’t rely on race relations act
-still held responsible- under thier care and pupose of act was to make employers responsible if they allowed harrassment to occur.

32
Q

Fitzpatric V Sterling

A

-gay couple, one dies
-dispute over continuing tenancy agreement
-ruled as a ‘family member’ because of gay marriage issues at the time. (couldn’t be spouse).