Statutory interpretation Flashcards
What does statutory interpretation involve?
-The role of judges when applying an act of parliament.
What do European laws tend to do and why?
-outline what the law is meant to achieve.
-gives judges flexibility in how to apply the law.
What are the 5 rules of statutory interpretation?
-Literal
-Golden rule wide
-Golden rule narrow
-Mischief
-Purposive
What is the English language often labelled as?
-Ambiguous
What law did parliamentary draftsmen ‘rush’ and what consequences did this have?
-‘Dangerous dogs act 1991’
-unthought consequences.
What case outlines the issue when a statute is worded well?
-Royal college of nursing v DHSS
-problematic because of future social and technological advances.
What is meant by the literal rule?
-judges interpret the words exactly as they are written word for word.
Which cases follow the literal rule?
-Cheeseman V DPP
-Whitley V Chapel
-Fisher V Bell
-London & NE railway Co V Berriman
What did Lord Esher say in 1892 regarding the literal rule?
‘The court has nothing to do with the question of whether the legislature has committed an absurdity’.
What did professor Zander say regarding the literal rule?
‘mechanical’ and ‘divorced’ so it’s not a viable rule.
Fisher V Bell?
-Flick Knife on display in shop window wasn’t technically ‘offered’.
Cheeseman V DPP?
-A man indecently exposing himself -the police caught him, but it wasn’t the ‘passenger’ outlined in act
-Was found not guilty.
London& NE railway Co V Berriman
-Husband died on the tracks carrying out ‘maintenance’
-was not ‘relaying the track’. She did not get the insurance money
Whitley V Chapel
-illegal to ‘impersonate any person entitled to vote.
-defendant dead
What is meant by the golden rule narrow?
-modification of the literal rule.
-start with literal rule and if absurd avoid (not what parliament intended).
Which cases demonstrate the golden rule narrow?
-R V Allen
R V Allen
-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.
What is meant by the golden rule wide?
-judge understands the meaning but…
-avoiding it all together- not applying the literal rule because it would undesirable
Which cases go with the golden rule wide?
-Re Sigsworth
-Alder V George
Re Sigsworth?
-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.
Alder V George?
-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.
What is meant by the mischief rule?
-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.
Which case established the mischief rule?
-Heydon’s case.
Which cases go with the mischief rule?
-Smith V Hughes
-RCN V DHSS
What rules did Heydon’s case establish?
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.
Smith V Hughes
-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.
RCN V DHSS
-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.
What is meant by the purposive approach?
modern interpretation of the mischief rule.
-not just finding the gap.
-interpreting rules with a modern perspective.
-arguably very important within EU law.
Which cases follow the purposive approach?
-Jones V Tower Boot Co
-Fitzpartic V Sterling
What did Lord Denning argue about the purposive approach?
‘it was opening the courts up to destructive analysis’
Jones V Tower Boot Co?
-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.
Fitzpatric V Sterling
-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).
