Statutory interpretation

Question 1

3 rules and 1 approach

Answer 1

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

Question 2

literal rule

Answer 2

judges give words their plain dictionary definition
• Whiteley v Chappel (1868)

Question 3

golden rule

Answer 3

• narrow approach - most acceptable meaning of the word (R v Allen)
• broad approach - judges can modify the words (Alder v George)

Question 4

mischief rule

Answer 4

• what was the common law before the act
• what was the mischief that common law did not prevent
• what was the remedy parliament intended to provide
• what was the true reason for the remedy
Smith v Hughes

Question 5

Purposive approach

Answer 5

Intending to give purpose to what they believe parliament were trying to achieve
Jones v Tower Boot co.

Question 6

Evaluation of the literal rule

Answer 6

adv:
• respects parliament sovereignty
• increases certainty
dis:
• words can have more than one meaning
• can lead to unfair result (LNER v Berriman).

Question 7

Evaluation of golden rule

Answer 7

adv:
• respects the words of statute
• judges can pick the sensible meaning - R v Allen
dis:
• limited in use (rare occasions)
• uncertainty cos hardly ever used

Question 8

Evaluation of mischief rule

Answer 8

adv:
• promotes the purpose of law
• creates a just result - Smith v Hughes
dis:
• Judges do not always agree
• Can lead to uncertainty

Question 9

Evaluation of purposive approach

Answer 9

adv:
• justice is easily achieved
• judges can fill in gaps for new situations
dis:
• undemocratic
• time consuming