Statutory Interpretation Flashcards
What is Statute Interpretation?
Judges being called upon to settle disputes.
4 ways to interpret statutes
- Presumptions
- Rules of language
- External + internal aids
- Rules of construction
What is the interpretation of statutes in presumptions?
If Act is silent, then it is presumed that:
a) affects all of the UK
b) Monarch isn’t included
c) Statute isn’t retrospective
d) If a person is deprived of property, compensation will be paid
What is the 4 interpretations of statutes in internal aids?
- Long title
- Short title
- Definition sections
- Explanatory notes
What is the 5 interpretations of statutes in external aids?
- Dictionaries
- Textbooks
- Official reports
- ECHR
- Hansard
What are textbooks?
To obtain views of academic
What is official reports?
By the royal/law commission
What is ECHR?
All UK legislation must be compatible
What is Hansard?
Official daily reports of parliamentary debates
*link to process of house of common
What is Davis V Johnson (1978)?
Hansard couldn’t be used for statutory interpretation
Which case has been officially allowed to use Hansard when interpreting statutes?
Pepper V Hart (1993)
2 problems w/ using Hansard
- Debates
- Time-consuming
Debates
Undermines parliamentary supremacy.
time-consuming
Lawyers focus on statements + context of minister’s statements rather than act itself.
What are the rules of language?
Helps make meaning of words + phrases clear.
What is Ejusdem Generis?
A list of words which is followed by general words then the general words are limited to same items as the specific words.
E.g., (fictitious) Captive Animal Act (1900) s.2(3) “This section applies to elephants, giraffes, and other animals”
(The general words ‘other animals” will be limited to the same kind of animals mentioned.)
What is expressio unius est exclusio alterius?
Where the express mention of 1 thing excludes others
E.g. where there is a list of words which are NOT followed by general words, then the act applies only to the items in the list.
(fictitious) Captive Animal Act (1900) s.2(5)
(b) this section applies to eagles and owls.
What is Noscitur a sociis?
A word is known by the company it keeps.
E.g., “English words derive colour from those that surround them.” Bourne V Norwich Crematorium Ltd [1967]
What is another case of Noscitur a sociis?
Foster V Diphwys Casson 1887
*If explosives taken into a mine, they need to be enclosed in a case or canister.
3 rules of construction
- Literal rule
- Golden rule
- Mischief rule
What is the ‘literal rule’?
- Gives all the words in a statute their ordinary meaning
What is the basis for the ‘literal rule’?
- Judges aren’t supposed to make law
- Literal meaning must be followed, even if the result is absurd.
What is the case to show the ‘literal rule’?
Whitely V Chappell (1868)
What is the Whitely V Chappell (1868) case?
- W was accused of impersonating “any person entitled to vote at an election”.
- The person he had impersonated had died + W was voting in the name of the deceased.
What happened in the case of Whitely v Chappel ? and identify how this case reflects a disadvantage of the literal rule?
- W charged
- Led to an absurd result
What is the London and North Railway v Berriman?
- A railway worker was killed whilst oiling the track.
- Statute provided compensation payable on death for those ‘relaying or repairing’ track
London and North Eastern Railway v Berriman - what do you think the intention of parliament may have been? How did the literal rule fail to account for parliaments purpose?
- Provide insurance
- compensation
- failed to give law of parliaments intention
What is Fisher v Bell ?
- Flick knife was exhibited in a shop w/ price tag attached
Fisher v Bell - what do you think the intention of parliament may have been? How did the literal rule fail to account for parliaments purpose?
- a guy could get away with selling knife
- stop selling of dangerous weapons
- goods on display are invasions to treat and not offers of sale.
2 Advantages of Literal Rule
- Upholds the separation of powers - parliament are legislators
- Recognises Parliament as the supreme law maker – Acts are primary sources of law
3 Disadvantage of Literal Rule
- Fails to recognise the complexities and limitations of English language.
- Undermines public confidence in the law if it is absurd.
- Does not consider that mistakes might be made in the drafting of bills
The Golden Rule
Improvement on the literal rule as some attempt is made to put a word into its proper context.
What is a case for golden rule?
- R v Allen 1842
- R v Sigsworth
What is the R v Allen 1842 case?
A man charged w/ bigamy under offences against the person Act (1861).
How did the court use the golden
rule to decide the R v Allen 1842 case?
“whosoever being married, shall marry any other person ….. shall be liable to imprisonment”
What is the R v Sigsworth case ?
- Under the Administration of Estates Act 1925 the estate of a person dying intestate was to be divided among the
‘issue (children)’.
How did the court use the golden
rule to decide the R v Sigsworth case?
“the issue” is not someone who killed his parent to benefit from the crime.
3 Advantage of Golden Rule
- Errors in drafting can be corrected
- Gives a more just result.
- Brings common sense to the law.
Disadvantage of Golden Rule
- Judges are able to add or change the meaning of statutes *become law makers infringing the separation of powers.
What is the Mischief Rule?
judges use this rule to decide what ‘mischief’ the statute was intended to close.
2 Mischief rule cases
- Corkery v. Carpenter [1951] ( Bicycle)
- Smith v. Hughes [1960] ( prostitutes)
2 Advantage of Mischief Rule
- Allows the law to develop and adapt to changing needs
- More likely to achieve the aim of parliament
2 Disadvantage of Mischief Rule
- Gives judges a law making role infringing the separation of powers.
- Judges can bring their own views, sense of morality andprejudices to a case
What is the Purposive Approach ?
Lord Brown-Wilkinson -“the purposive approach …. gives effect to the true intentions of parliament”
Organs of Purposive Approach
- Used by the European Court when interpreting EU law.
- EU law is drafted in a wide and general way
2 Advantage of the Purposive Approach
- Allows judges to cope with situations unforeseen by Parliament
- Allowing reference to Hansard making it easier for courts to discover Parliament’s intention (Pepper v Hart)
2 Disadvantage of Purposive Approach
- Judges are given too much power to develop the law.
- Judges become law makers infringing the Separation of Powers
*judicial bias in deciding what Parliament intended
