Statutory interpretation Flashcards

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1
Q

What is statutory interpretation

A

Where judges give meaning to words of an act of parliament when they are delivering a judgement in court

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2
Q

What must judges find and declare

A

They must find the correct law and declare it as written by parliament however they can determine the correct meaning

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3
Q

What are the 4 rules

A

Literal, golden, mischief, purposive

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4
Q

What is the literal rule

A

Judge reads the statute as a whole and puts the words into context using their plain, ordinary, grammatical meaning regardless of what the outcome is

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5
Q

What did lord ester state about the literal rule

A

‘if the words of the act are clear then you must follow them even if they lead to a manifest absurdity’

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6
Q

What are the two cases that are examples of the literal rule

A

Fisher v Bell
Whitely v Chappel

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7
Q

What happened in Whitley v Chappel

A

D charged under the Act when it made it
an offence to impersonate someone
‘entitled to vote’. D impersonated a dead
man and argued that the dead man was
not ‘entitled to vote’. Court held D was not guilty as the literal
meaning of the words were applied.

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8
Q

What happened in Fisher v Bell

A

Shopkeeper displayed a flick knife displayed in his shop with a price tag on it. The Restrictions of Offensive Weapons
Act 1969 made it an offence to ‘offer’ such flick knives for safe. Under contract law, goods displayed in shops are not ‘offers’ but ’invitations to treat’. Court held that D was not guilty as literal rule applied to the offence and shop keeper has not committed an offence.

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9
Q

Advantages of the literal rule

A

Words of parliament, Respects separation of powers, Makes the law more certain, Makes them clear when considering the words in the act

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10
Q

Disadvantages of the literal rule

A

Cannot take into account different situations, Assumes everything is perfectly worded, Words can have more than one meaning, Can demand ureal perfection of wording

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11
Q

What is the golden rule

A

Looks at the literal meaning of the words but the judge is then allowed to avoid an interpretation that would lead to an absurd result

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12
Q

What are the two approaches within the golden rule

A

Narrow and braod

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13
Q

What is the narrow approach

A

Court chooses a possible meaning of the words but if there’s only one meaning it must be given

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14
Q

What is the case for the narrow approach

A

R v Allen

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15
Q

What happened in R v Allen

A

D attempted to marry the niece of his first
wife (whilst he was still married). Not a valid marriage due to close relationship of the 2 women. He was charges under s57
OAPA 1861 offence to get married before
the previous marriage ended. D argued
that he could not be charged as his 2nd
marriage was ‘void’. Court held used narrow approach and decided ‘shall marry’ to be interpreted as going through a ceremony and D was guilty.

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16
Q

What is the broad approach

A

If a clear meaning of the words would lead to an absurd result the judge will modify the meaning of the words

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17
Q

What is the case for the broad approach

A

Sigsworth

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18
Q

What happened in the case of Sigsworth

A

A son had murdered his mother. Mother had made a will which meant murderer son would have inherited her estate. There was no ambiguity in the Act but the courts could not let a murderer benefit from a crime, so the broad approach was used. Held: Court wrote into the Act that the D was not entitled to inherit where they had
killed the deceased.

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19
Q

Advantages of the golden rule

A

Respect parliaments words, Can choose a sensible meaning, Remove repugnant situations

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20
Q

Disadvantages of the golden rule

A

Not always possible to predict when this approach will occur and it cannot do too much

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21
Q

What is the mischief rule

A

Judge looks at the gap in the law before the act was passed and interprets the words which have been used to cover that re existing gap

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22
Q

What 4 points should be consideredfor the mischief rule

A

What was the common law before the making of the act, what was the mischief the common law did not provide, what was the remedy parliament gave and the true reason for the remedy

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23
Q

What case sets out the 4 points

A

Hayden’s case

24
Q

What are the 2 cases that support the mischief rule

A

Smith v Hughes
Royal colloge of nursing v DHSS

25
Q

What happened in Smith V Hughes

A

The defendants were prostitutes who had been charged under the Street Offences Act 1959 which made it an offence to solicit in a public place. The prostitutes were soliciting from private premises in windows or on balconies so could be seen by the public. Held: The court applied the mischief rule holding that the activities of the D’s were within the mischief the Act was aimed at even though under a literal interpretation they would be in a private
place.

26
Q

What happened in the case of Royal college of nursing v DHSS

A

The Royal College of Nursing brought an action challenging the legality of the involvement of nurses in carrying out abortions. The OAPA Act 1861 makes it an
offence for any person to carry out an abortion. The Abortion Act 1967 provided that it would be an absolute defence for a medically registered practitioner (ie a doctor) to carry out abortions provided certain conditions were satisfied. Advances in medical science
meant surgical abortions were largely replaced with hormonal abortions and it was common for these to be
administered by nurses.
Held: it was legal for nurses to carry out such abortions. The Act was aimed at doing away with back street
abortions where no medical care was available. The actions of the nurses were therefore outside the
mischief.

27
Q

Advantages of the mischief rule

A

Allows judges to look at the gaps and form a ‘just result’, Law commissions preference and what is recommended in statutory interpretations

28
Q

Disadvantages of the mischief rule

A

Lead to uncertainty, Difficult to interpret, Risk of judicial law making, Not all judges agree with this law as there was a spit decision in the nursing case, Limited to only looking at the gap

29
Q

What is the purposive approach

A

As well as looking at the gap in the law they also acknowledge what parliaments intention was

30
Q

What must you look at with the purposive approach

A

Current social context and perceive what they wated to stop or change in the current situation

31
Q

What cases should you use for the purposive approach

A

R v Registrar General ex parte Smith
Jones v Tower Boot co

32
Q

What happened in R v Registrar General ex parte Smith

A

Under the Adoption Act 1976, an adopted person over 18 could apply for a copy of his birth certificate. Smith applied in the correct manner. The problem was that he was convicted of two murders and detained at Broadmoor suffering from a psychotic illness. It was suggested he wanted to find out who his real mother was in order to kill her. Held: HOL used purposive approach information not given as Parliament could not have intended to promote a serious crime.

33
Q

What happened in Jones v Tower Boot co

A

A young black worker was physically and verbally abused at work (by fellow workers). He sued employers, argued that they were responsible for their actions. Employer argued the abuse was not part of the job and outside ‘course of
employment’. Held: COA ruled using purposive approach,
Parliament’s intent to eliminate workplace
discrimination. Employers were held liable.

34
Q

Advantages of the purposive rule

A

Take into account modern technology, Fill in gaps left by parliament, ‘Just decisions’ can be made

35
Q

Disadvantages of the purposive rule

A

Undemocratic, Parliament have o accountability for the decisions in court, Time consuming, Uncertain,

36
Q

What are aids

A

Sources that help decide what parliament means

37
Q

What are the 2 types of aids

A

Intrinsic and extrinsic

38
Q

Intrinsic aids definition

A

Items within the statute to help make the meaning of words clearer

39
Q

Examples of intrinsic aids

A

Short title, Preamble, Long title, Headings, Schedules, Marginal notes and interpretative sections

40
Q

What is the preamble

A

Sets out parliaments purpose in acting statute

41
Q

What is the long title

A

Explains briefly parliaments intentions

42
Q

What is the short title

A

The long title helps you to understand the short title

43
Q

What are headings

A

They are above each sections that state what is coming up

44
Q

What is a schedule

A

Attached to the act that shows how everything was created

45
Q

What are marginal notes

A

Explains the different sections and have helpful comments placed in by the reader

46
Q

What is the interpretative section

A

Statement of principles that encourage the use of the purposive approach

47
Q

Extrinsic aids definition

A

Items outside an act which may help a judge find the meaning of words

48
Q

Examples of extrinsic aids

A

Prelegislative documents, Previous acts, Dictionaries, Academic books, Hansard, Law commission reports, International treaties and interpretation act 1978

49
Q

What are Prelegislative documents

A

Green paper, white paper and draft bill which all have the early outline of the law

50
Q

What are previous acts

A

Look at things on the same topic and fins similarities and differences

51
Q

What are dictionaries

A

Look at them from when the act was passed to see the definition of the word

52
Q

What are academic books

A

On similar topics that can help you understand the concept

53
Q

What is a Hansard

A

official report of what was said in parliament

54
Q

What are the law commission reports

A

Look to see what the gap in the legislation is based upon

55
Q

What are international treaties

A

Find the true meaning from where it was originally lost

56
Q

What is the interpretation act 1978

A

Has definitions of certain words that are used in legislation

57
Q

What impact on the purposive approach have other countries had

A

Other countries prefer to use this approach when interpreting legislation so it encouraged English judges to do the same