Statutory Interpretation

Question 1

What Act is a common example used when talking about statutory interpretation?

Answer 1

The Dangerous Dogs Act 1991

Question 2

Why is the Dangerous Dogs Act hard to understand

Answer 2

it uses the word type which could have meant breed or characteristics

Question 3

What are the four types of statutory interpretation?

Answer 3

-Literary Rule
-Golden Rule
-Mischief Rule
-Purposive Approach

Question 4

What is the Literary Rule?

Answer 4

Courts give words their plain and ordinary meaning even if it leads to an absurd outcome

Question 5

What is a case example of the Literary Rule?

Answer 5

R v Judge of the City of London Court

Question 6

What did the case R Judge of the City of London state?

Answer 6

“If the words of an act are clear you must follow them even though they may lead to manifest absurdity”

Question 7

What is the case of Whiteley v Chappell

Answer 7

charged with impersonating someone to vote but found not guilty as impersonating dead person who couldn’t vote

Question 8

What is the case of fisher v bell?

Answer 8

shop keeper displaying knife court had to decide if offered knife for sale but it was an invitation to treat

Question 9

What is the Golden Rule?

Answer 9

looks at the meaning and finds a way to avoid an absurd result

Question 10

What are the two approaches to the Golden Rule and what do they mean?

Answer 10

Narrow approach - choose between two meanings
Broad approach - replace the word

Question 11

What is the case of R v Allen?

Answer 11

decided the meaning of marry was to go through a marriage ceremony and not the legal process

Question 12

What is the case of Adler v George?

Answer 12

decided that in the vicinity means inside the place as well

Question 13

What is the mischief rule?

Answer 13

Looks at the common law before the act was made to find the gap the act intended to cover

Question 14

What case is an example of the mischief rule?

Answer 14

Heydons case

Question 15

What is Heydons Case?

Answer 15

what was common law before act
what was it missing
what is the act trying to achieve
why did they make the act

Question 16

What is the case of Smith v Hughes?

Answer 16

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

Question 17

What is the case of Royal College of Nursing v DHSS?

Answer 17

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

Question 18

What is the Purposive approach?

Answer 18

Looks at what they believe parliament intended to achieve often used by EU

Question 19

What is the case of R v Registrar General ex parte Smith?

Answer 19

Adoption Act intended for people to meet birth parents not to kill them so was not allowed information

Question 20

What is the case of Jones v Tower Boot Co?

Answer 20

Said the Race and Relations Act aimed to stop discrimination in workplace so found employers liable of racism

Question 21

What are some advantages of the Literal Rule?

Answer 21

Respects parliamentary sovereignty

Question 22

What are some disadvantages of the Literal Rule?

Answer 22

Produces absurd outcome

Question 23

What is an advantage of the Golden Rule?

Answer 23

Prevent absurd outcomes

Question 24

What is a disadvantage of the Golden Rule?

Answer 24

Uncertainty and to much power to judiciary who are unelected

Question 25

What is an advantage of the Mischief Rule?

Answer 25

Avoids absurd outcomes

Question 26

What is a disadvantage of the Mischief Rule?

Answer 26

To much power to the judiciary
Hard to advise uncertainty

Question 27

What is an advantage of the Purposive Approach?

Answer 27

Consistent with European approach
Follows parliaments intentions

Question 28

What is a disadvantage of the Purposive Approach?

Answer 28

To much power to judiciary undemocratic
Hard for litigation to prepare