Statutory Interpretation

Question 1

What are the 4 rules for statutory interpretation

Answer 1

1. The literal rule
2. The golden rule
3. The mischief rule
4. The purposive

Question 2

What is the definition of the literal rule?

Answer 2

The intention of parliament is considered as contained in the words so the literal meaning of the words are taken, the words are given in there natural meaning

Question 3

What are the features of the literal rule?

Answer 3

•19th century approach to interpretation
•most aspects of life were inflexible
•the rule reflected the Victorian way of life
•the starting point for interpretating any legislation
•Lord Esher said “if the words of an act are clear, follow them even though they manifest abserdity”

Question 4

How is the literal rule used in London & Northern Eastern Railway Co v Berrimen(1946)?

Answer 4

Using the literal rule the judge had stated that compensation was allowed if an employee was killed while “repaired or relaying the track” as he was only “maintaining” the wife’s claim of compensation failed

Question 5

How was the literal rule in Fisher v Bell (1961)?

Answer 5

As the goods were invitations to treat not offers the court applied the literal rule and found he did not do the criminal act to offer flick knifes for sale

Question 6

Advantages of the literal rule?

Answer 6

• respects parliamentry sovereignty
• judges doing their of applying the law
• gives certainty to the law
• upholds separation of powers

Question 7

Disadvantages of the literal rule?

Answer 7

• assumes every act is perfectly drafted
• following exact words could lead to unfair decisions
• words can have more than one meaning so which meaning does the judge choose
• when the law is created it is impossible to cater for every legal situation

Question 8

What is the definition of the golden rule?

Answer 8

Can be defined as a modification of the literal rule

Question 9

How to use the golden rule?

Answer 9

1. Start by looking at the literal rule
2. Will there be absurd outcome
3. If so secondary meaning may be taken

Question 10

What are the 2 approaches to the golden?

Answer 10

Narrow approach
Broad approach

Question 11

What will the judge ask under the narrow approach?

Answer 11

1. Will taking the natural meaning lead to abserdity?
2. Is the words in the question ambiguous?
3. Are the words capable of more than one meaning?

Question 12

How was the narrow approach used in R v Allen?

Answer 12

As he got married without divorcing his first first wife it was a fellony, the word marry had two meaning the narrow approach would have found non guilty would have been absurd

Question 13

How is the broad approach used?

Answer 13

• the words only have a clear meaning - not ambiguous
• By giving the pain meaning would prove unacceptable

Question 14

How was the broad approach used R v Sigsworth?

Answer 14

The broad approach was used as it would have been seen as rewarding the man for murdering his mother by getting the inheritance

Question 15

Advantages of the golden rule?

Answer 15

• provides an ‘escapre route’ from unjust decisions
• prevents absurdity of literal rule
• still respects parliamentry sovereignty as judges are correcting errors not deciding what parliament intended
• go beyond literal rule by looking into the intention of the passing act

Question 16

Disadvantages of the golden rule?

Answer 16

• give judges too much power
• makes it difficult for a lawyer to advise their clients
•can lead to inconsistenties as there is no guidance given
• judges are to an extent re-writing statues and adding work

Question 17

What is the mischief rule?

Answer 17

Where the judges take into account the mischief (problem) and how parliament intended to fix the problem and if the act was taken to parliament how they’d use the statue to fix the problem

Question 18

What are 4 factors set out in Heydon’s case for the mischief rule?

Answer 18

1. What was the common law before the act
2. What was the mischief in the previous law?
3. Identify the eah in which parliament proposed to remedy the defect
4. Give effect to it

Question 19

What is the 3 part test for the mischief rule in Jones v Wrotham park?

Answer 19

1. Is it possible to determine the mischief intended to remedy?
2. Is it apparent that parliament failed to deal with the mischief?
3. Is it possible to state additional words that could be stated had the omission been raised to parliament attention?

Question 20

How was the mischief rule used in Smith v Hughes using the 3 part test?

Answer 20

1. The mischief they were trying to remedy was the soliciting of innocent people in the street
2. Failed to take into account above street level
3. The ‘and above’ would have been in addition to the original ‘on street level’
   So overall they were found guilty using the mischief rule

Question 21

How was the mischief rule used in Royal College of Nursing v DHSS using the 3 part test?

Answer 21

1. The mischief was back street abortions with no medical care
2. Failed to take into account how science has advanced and how the procedure could be carried out
3. Additional words would have been ‘persojs trained to perform the procedure’
   So overall they were not guilty

Question 22

Advantages of the mischief rule?

Answer 22

• it helps avoid injustice of literal rule
• allows for ‘quick repairs’ to bad laws by allowing immediate reform
• allows judges to give parliaments true intentions despite a degree of discression
• respects the exact words of parliament in limited situations

Question 23

Disadvantages of the mischief rule?

Answer 23

• the rule is very old and was created in a time of limited statues
• it must be possible to discover the mischief which can be extremely difficult
• rule allows for judicial law making and subjective decision making
• difficult to predict when this will be used as limited scope for use

Question 24

What is the purposive approach?

Answer 24

The court will look at the spirit of the act rather than the strict words, the judge decides what they believe parliament meant

Question 25

How is the purposive approach different to the mischief rule?

Answer 25

Judges don’t need to look for gaps in the old law. Some acts are passed for some social good not just because there was a defect in previous law

Question 26

How was the purposive approach used in R v registrar-general, ex parte Smith ?

Answer 26

On a literal view they were able obtain the details of the his birth certificate, however a psychiatrist confirmed the danger to the natural mother as the applicant had murdered twice prior, so he was not allowed his birth certificate

Question 27

How was the purposive approach used in Jones v tower boot company?

Answer 27

As an young employee was being racially abused the employer argued as it happening on the break it was not part of their job behaviour, the employer was liable

Question 28

Need to do advantages and disadvantages of PA
Aids to interp
Extrinsic aids