Statutory Interpretation

Question 1

When is statutory interpretation needed ?

Answer 1

• ambiguous
• outdated
• drafting error

Question 2

What are the rules ?

Answer 2

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

Question 3

What is the literal rule ?

Answer 3

• Give words plain and literal meaning even if result is absurd

• Whiteley V Chappel
- impersonating dead person, not entitled to vote

Question 4

What is the golden rule ?

Answer 4

• modification of literal rule to avoid absurd result

• narrow or wide

• Re Sigsworth

Question 5

What is the narrow golden rule ?

Answer 5

Court must choose between possible meanings and go with one or if there’s only one must use that

Question 6

What is the wider golden rule ?

Answer 6

Where there’s only one meaning and judges can modify it

Question 7

What is the mischief rule

Answer 7

• laid down in Heydons case (1584)

1) what was common law before act?
2) what was mischief in the law?
3) what remedy was parliament trying to provide?
4) what was reason for act?

Question 8

What is the purposive approach?

Answer 8

• interpret unclear word/phrase in act of parliament to achieve parliaments aim
• Magor and st Mellons council V Newport

Question 9

What are intrinsic aids ?

Answer 9

• in the act itself
-rules of language

• interpretation section
• schedules
• preamble

Question 10

What are the rules of language?

Answer 10

• Ejusdem generis
• Expression unius est exclusio alterius
• Noscitur A sociis

Question 11

Ejusdem generis

Answer 11

• where there’s a list of words followed by general words, general words are limited to same kind of items as words in list

• Powell V Kempton

Question 12

Expressio unius est exclusio alterius

Answer 12

• express mention of one thing excludes others
• provides that where there’s a list of words followed by general words, act applies to only those specifically mentioned in list

• R V inhabitants of Sedgley

Question 13

Noscitur A sociis

Answer 13

• a word is known by company it keeps
• involves looking at other words in same sentence

• Muir V Keay

Question 14

What are extrinsic aids ?

Answer 14

• Things outside the act
- dictionary/textbook
- reports
- previous case law
- HANSARD

Question 15

What is Hansard ?

Answer 15

• Daily record of parliamentary debates
• Search for aim/purpose of the statute

• use of Hansard prohibited in case of Davis V Johnson then limited in Pepper V Hart