statutory interpretation Flashcards
Why may statutory interpretation be difficult?
Broad or ambiguous terms may be used. The words could be taken out of context. The meaning of words could be different.
What is statutory interpretation defined as?
Working out the meaning of words in statutes.
What are the 4 rules of statutory interpretation?
Literal, Golden, Mischief, Purposive.
What is the Literal Rule?
Judges use a dictionary to find out the plain, ordinary meaning of the word, even if this leads to a manifest absurdity.
What case shows an example of the Literal Rule?
Cheeseman v DPP
What happened in Cheeseman v DPP?
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.
Advantages of Literal Rule.
Respects Parliamentary Supremacy
Easy & predictable so lawyers can advise clients of the likely outcome
Disadvantages of Literal Rule.
Words have more than one meaning even in dictionaries
Unfair & Unjust
What are the two ways of the Golden Rule?
Golden Narrow and Golden Broad
What is the Golden Rule?
If the literal rule leads to a manifest absurdity the Golden Rule is used to avoid that
What is a case for Golden Narrow?
R v Allen
Define Golden Narrow
If there are multiple meanings of a word, the judge can choose what meaning is applied.
What happened in R v Allen? (1872)
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.
What is a case where Golden Broad was used?
Re Sigsworth
What does Golden Broad mean?
Where a word only has one meaning but it would lead to an unjust outcome.
What happened in Re Sigsworth?
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.
Advantages of Golden Rule?
Golden Narrow respects Parliamentary Supremacy
Avoids unjust situations
Disadvantages of Golden Rule?
Limited use, can only be used if there is a repugnant situation to avoid
Unpredictable, difficult for lawyers to avoid their clients
What is the Mischief Rule?
Judges look at why Parliament passed the legislation. What problem were they trying to remedy?
Where does the Mischief Rule originate?
Heydan’s case (1584)
What case was the Mischief Rule used in?
Smith v Hughes
What happened in Smith v Hughes?
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.
Advantages of Mischief Rule?
Flexible, allows judges to look at the concern behind an act
Produces just results
Disadvantages of Mischief Rule?
Goes against Parliamentary Supremacy
Unpredictable, makes it difficult for lawyers to advise their clients
What is a Purposive Approach?
Judges look at the reason behind the Act. What was the Act trying to achieve?
What is the Purposive Approach used to interpret?
EU Legislation & Human Rights Law
What case was the Purposive Approach used in?
Royal College of Nursing v DHSS
What happened in Royal College of Nursing v DHSS?
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.
Advantages of Purposive Approach?
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
Disadvantages of Purposive Approach?
Too open to interpretation, how do judges know what Parliament’s intentions were?
Judges are unelected to make law
What are the two aids to interpretation?
Internal and external
What is an internal aid to interpretation?
Aids found within the Act to help make its meaning clearer.
3 examples of internal aids to interpretation?
1). Short title
2). Long title
3). The preamble
What does a preamble do?
Sets out Parliament’s Purpose in making the Law.
What is an external aid to interpretation?
Aids found outside of the act, which make the meaning clearer.
2 examples of external aids
1). Cheeseman, use of dictionary - ‘passerby’
2). Pepper v Hart - lifted ban
What is Parliamentary Supremacy?
Parliaments make the law, judges apply it.
