statutory interpretation

Question 1

Why may statutory interpretation be difficult?

Answer 1

Broad or ambiguous terms may be used. The words could be taken out of context. The meaning of words could be different.

Question 2

What is statutory interpretation defined as?

Answer 2

Working out the meaning of words in statutes.

Question 3

What are the 4 rules of statutory interpretation?

Answer 3

Literal, Golden, Mischief, Purposive.

Question 4

What is the Literal Rule?

Answer 4

Judges use a dictionary to find out the plain, ordinary meaning of the word, even if this leads to a manifest absurdity.

Question 5

What case shows an example of the Literal Rule?

Answer 5

Cheeseman v DPP

Question 6

What happened in Cheeseman v DPP?

Answer 6

Cheeseman masturbates in public toilets, police stationed to find him. The definiton of indecent exposure means ‘willfully & indecently exposing himself to the annoyance of passerbys’. The police were not passerbys when the Literal Rule was applied, so he was found not guilty.

Question 7

Advantages of Literal Rule.

Answer 7

Respects Parliamentary Supremacy
Easy & predictable so lawyers can advise clients of the likely outcome

Question 8

Disadvantages of Literal Rule.

Answer 8

Words have more than one meaning even in dictionaries
Unfair & Unjust

Question 9

What are the two ways of the Golden Rule?

Answer 9

Golden Narrow and Golden Broad

Question 10

What is the Golden Rule?

Answer 10

If the literal rule leads to a manifest absurdity the Golden Rule is used to avoid that

Question 11

What is a case for Golden Narrow?

Answer 11

R v Allen

Question 12

Define Golden Narrow

Answer 12

If there are multiple meanings of a word, the judge can choose what meaning is applied.

Question 13

What happened in R v Allen? (1872)

Answer 13

Allen tried to marry 2 women. Under the Offences Against the Person Act (1861) it is an offence to marry 2 people. The word marry has two meanings - to legally marry or to go through a marriage ceremony. It is impossible to legally marry two people so the judge chose the second meaning and Allen was found guilty.

Question 14

What is a case where Golden Broad was used?

Answer 14

Re Sigsworth

Question 15

What does Golden Broad mean?

Answer 15

Where a word only has one meaning but it would lead to an unjust outcome.

Question 16

What happened in Re Sigsworth?

Answer 16

A son killed his mother. She had no will, so the literal rule meant that he would inherit all of her estate. (Administration of Estates Act 1925). This would be unjust so the court used Golden Broad to avoid this outcome.

Question 17

Advantages of Golden Rule?

Answer 17

Golden Narrow respects Parliamentary Supremacy
Avoids unjust situations

Question 18

Disadvantages of Golden Rule?

Answer 18

Limited use, can only be used if there is a repugnant situation to avoid
Unpredictable, difficult for lawyers to avoid their clients

Question 19

What is the Mischief Rule?

Answer 19

Judges look at why Parliament passed the legislation. What problem were they trying to remedy?

Question 20

Where does the Mischief Rule originate?

Answer 20

Heydan’s case (1584)

Question 21

What case was the Mischief Rule used in?

Answer 21

Smith v Hughes

Question 22

What happened in Smith v Hughes?

Answer 22

The Street Offences Act (1959) made it an offence for a ‘common prostitute to solicit in the street’. A prostitute was on a balcony, trying to entice men. Under the Mischief Rule, the act had been passed to stop men being harassed for services so she was found guilty as she was still committing the mischief of the act.

Question 23

Advantages of Mischief Rule?

Answer 23

Flexible, allows judges to look at the concern behind an act
Produces just results

Question 24

Disadvantages of Mischief Rule?

Answer 24

Goes against Parliamentary Supremacy
Unpredictable, makes it difficult for lawyers to advise their clients

Question 25

What is a Purposive Approach?

Answer 25

Judges look at the reason behind the Act. What was the Act trying to achieve?

Question 26

What is the Purposive Approach used to interpret?

Answer 26

EU Legislation & Human Rights Law

Question 27

What case was the Purposive Approach used in?

Answer 27

Royal College of Nursing v DHSS

Question 28

What happened in Royal College of Nursing v DHSS?

Answer 28

The Abortion Act (1967) stated abortions were only legal if performed by registered doctors. Advancements in technology meant nurses could administer an abortion drug. The purpose of the Act was to prevent backstreet abortions that were unsafe. Nurses could keep abortions safe so they could legally perform them.

Question 29

Advantages of Purposive Approach?

Answer 29

Covers new situations where there is new technology which was unknown at the time the Act was made
Allows the judge to avoid using the literal rule, causing a manifest absurdity

Question 30

Disadvantages of Purposive Approach?

Answer 30

Too open to interpretation, how do judges know what Parliament’s intentions were?
Judges are unelected to make law

Question 31

What are the two aids to interpretation?

Answer 31

Internal and external

Question 32

What is an internal aid to interpretation?

Answer 32

Aids found within the Act to help make its meaning clearer.

Question 33

3 examples of internal aids to interpretation?

Answer 33

1). Short title
2). Long title
3). The preamble

Question 34

What does a preamble do?

Answer 34

Sets out Parliament’s Purpose in making the Law.

Question 35

What is an external aid to interpretation?

Answer 35

Aids found outside of the act, which make the meaning clearer.

Question 36

2 examples of external aids

Answer 36

1). Cheeseman, use of dictionary - ‘passerby’
2). Pepper v Hart - lifted ban

Question 37

What is Parliamentary Supremacy?

Answer 37

Parliaments make the law, judges apply it.