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).