Statutory Interpretation Flashcards
What Act is a common example used when talking about statutory interpretation?
The Dangerous Dogs Act 1991
Why is the Dangerous Dogs Act hard to understand?
it uses the word type which could have meant breed or characteristics
What are the four types of statutory interpretation?
-Literary Rule
-Golden Rule
-Mischief Rule
-Purposive Approach
What is the Literary Rule?
Courts give words their plain and ordinary meaning even if it leads to an absurd outcome
What is a case example of the Literary Rule?
R v Judge of the City of London Court
Must follow words of act even if manifest absurdity
What did the case R Judge of the City of London state?
“If the words of an act are clear you must follow them even though they may lead to manifest absurdity”
What is the case of Whiteley v Chappell?
Charged with impersonating someone to vote but found not guilty as impersonating dead person who couldn’t vote
What is the case of fisher v bell?
shop keeper displaying knife court had to decide if offered knife for sale but it was an invitation to treat
What is the Golden Rule?
looks at the meaning and finds a way to avoid an absurd result
What are the two approaches to the Golden Rule and what do they mean?
Narrow approach - choose between two meanings
Broad approach - replace the word
What is the case of R v Allen?
decided the meaning of marry was to go through a marriage ceremony and not the legal process
What is the case of Adler v George?
decided that in the vicinity means inside the place as well
What is the mischief rule?
Looks at the common law before the act was made to find the gap the act intended to cover
What case is an example of the mischief rule?
Heydons case
4 points
What are the four points from Heydons Case?
- what was common law before act
- what was it missing
- what is the act trying to achieve
- why did they make the act
What is the case of Smith v Hughes?
Street Offences Act 1959 said prostitutes could not solicit in the streets they where on a balcony but the act intended to prevent prostitutes soliciting
What is the case of Royal College of Nursing v DHSS?
Abortion Act 1967 said must be terminated by medical practitioner which they said could be a doctor or nurse just aimed to stop illegal abortions
What is the Purposive approach?
Looks at what they believe parliament intended to achieve often used by EU
What is the case of R v Registrar General ex parte Smith?
Adoption Act intended for people to meet birth parents not to kill them so was not allowed information
What is the case of Jones v Tower Boot Co?
Said the Race and Relations Act aimed to stop discrimination in workplace so found employers liable of racism
What are some advantages of the Literal Rule?
Respects parliamentary sovereignty
What are some disadvantages of the Literal Rule?
Produces absurd outcome
What is an advantage of the Golden Rule?
Prevent absurd outcomes
What is a disadvantage of the Golden Rule?
Uncertainty and to much power to judiciary who are unelected
What is an advantage of the Mischief Rule?
Avoids absurd outcomes
What is a disadvantage of the Mischief Rule?
To much power to the judiciary
Hard to advise uncertainty
What is an advantage of the Purposive Approach?
Consistent with European approach
Follows parliaments intentions
What is a disadvantage of the Purposive Approach?
To much power to judiciary undemocratic
Hard for litigation to prepare
