Statutory Interpretation Flashcards
What is the Literal Rule?
The statue is given its word for word dictionary meaning and the judge does exactly what Parliament has said
( Whiteley v Chappel)
Golden Rule?
The judge will follow the literal rule unless it results in an absurd outcome. This can be when there is ‘narrow application’ (2 meanings) - R v Allen. Or there is a wider application to the meaning (Adler v George)
Mischief rule?
Heydon’s case tells us to conderrerv
1) What the law was before the new Act
2) Whaf ‘mischief’ Parliament was trying to remedy
3) What remedy Parliament was trying to provide
e.g Smith v Hughes
Purposive Approach?
What the aim/ purpose of the Act is
Quintavalle case - purpose of the Human Fertilisation & Embryo Act 1990 was to govern how embryos should be treated
R v Registrar General ex Parte Smith
Intrinsic Aid?
1) Long title - A summary of what the Act is about
2) Short title
3) Preamble - found in older acts, summarises the aims of the act
4) Headings - Indicate the purpose of a particular section
Extrinsic aid?
1) Dictionary - Useful for literal & Golden Rule (Cheeseman v DPP)
2) Hansard - Everything said in Parliament (Pepper v Hart)
3) Law Commission Reports - Some Acts (eg Fraud Act 2006) are based on Commission Reports so they provide useful explanations
Advantages of the Literal Rule?
1) Respects the democratic power of Parliament and lets them make laws (Whiteley v Chappel)
2) The outcome of the case is certain
3) Simple & Predictable application
Disadvantages of the Literal Rule?
1) Assumes Parliament drafts perfect laws ( Whiteley v Chappel ) had a loophole
2) Can produce absurd and unjust results (LNER v Berrimen)
3) Words have many meanings e.g “marry” in R v Allen
Advantages of Golden Rule?
1) Prevents unjust outcomes by applying common sense
2) Prevents the act being redundant (e.g in R v Allen if D won. no one would be prosecuted
3) Respects Parliament- the Narrow Approach chooses the definition that they think Parliament intended
Disadvantages of the Golden Rule?
1) Limited chances to use the rule eg when Literal Rule fails
2) It has an element of judicial law making (Parliament only can make laws) - eg judge could change the meaning of “vicinity” in Adler v George
Advantages of Mischief Rule?
1) Fills gaps/ defects in the law e.g (Smith v Hughes)
2) Avoids unjust outcomes
3) Tried to determine Parliaments actual intention
Disavantages of Mischief Rule?
1) Judicial law making
2) unpredictable - e.g “in the street” meant
indoors in Smith v Hughes
3) Limited to looking back at problems in the law
Advantages of Purposive Approach?
1) Flexible & forward looking
2) Avoids absurd outcomes like letting someone find their mother to kill her (R v Registrar General ex parte Smith)
3) Tries to determine Parliaments actual intention
Disadvantages of Purposive Approach?
1) Judicial law making - it’s taking over the role of Parliament
2) Difficult to predict the outcome
What does the Interpretation Act 1978 do?
Defines time, distance, gender etc. for all Acts
