Statutory interpretation

Question 1

What does statutory interpretation involve?

Answer 1

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

Question 2

What do European laws tend to do and why?

Answer 2

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

Question 3

What are the 5 rules of statutory interpretation?

Answer 3

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

Question 4

What is the English language often labelled as?

Answer 4

-Ambiguous

Question 5

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

Answer 5

-‘Dangerous dogs act 1991’
-unthought consequences.

Question 6

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

Answer 6

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

Question 7

What is meant by the literal rule?

Answer 7

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

Question 8

Which cases follow the literal rule?

Answer 8

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

Question 9

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

Answer 9

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

Question 10

What did professor Zander say regarding the literal rule?

Answer 10

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

Question 11

Fisher V Bell?

Answer 11

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

Question 12

Cheeseman V DPP?

Answer 12

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

Question 13

London& NE railway Co V Berriman

Answer 13

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

Question 14

Whitley V Chapel

Answer 14

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

Question 15

What is meant by the golden rule narrow?

Answer 15

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

Question 16

Which cases demonstrate the golden rule narrow?

Answer 16

-R V Allen

Question 17

R V Allen

Answer 17

-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.

Question 18

What is meant by the golden rule wide?

Answer 18

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

Question 19

Which cases go with the golden rule wide?

Answer 19

-Re Sigsworth
-Alder V George

Question 20

Re Sigsworth?

Answer 20

-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.

Question 21

Alder V George?

Answer 21

-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.

Question 22

What is meant by the mischief rule?

Answer 22

-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.

Question 23

Which case established the mischief rule?

Answer 23

-Heydon’s case.

Question 24

Which cases go with the mischief rule?

Answer 24

-Smith V Hughes
-RCN V DHSS

Question 25

What rules did Heydon’s case establish?

Answer 25

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.

Question 26

Smith V Hughes

Answer 26

-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.

Question 27

RCN V DHSS

Answer 27

-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.

Question 28

What is meant by the purposive approach?

modern interpretation of the mischief rule.

Answer 28

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

-arguably very important within EU law.

Question 29

Which cases follow the purposive approach?

Answer 29

-Jones V Tower Boot Co
-Fitzpartic V Sterling

Question 30

What did Lord Denning argue about the purposive approach?

Answer 30

‘it was opening the courts up to destructive analysis’

Question 31

Jones V Tower Boot Co?

Answer 31

-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.

Question 32

Fitzpatric V Sterling

Answer 32

-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).