statutory interpretation

Question 1

what are the 4 different rules of statutory interpretation

Answer 1

• literal
• golden
• mischief
• purposive

Question 2

why may an act of parliament be unclear?

Answer 2

• a broad term
  • Ambiguity
  • A drafting error
  • New developments
• Changes in the use of language: the meaning of words can change over time.

Question 3

a broad term

Answer 3

in the Dangerous Dogs Act 1991 there was a phrase which said “any dog of the type known as the pit bull terrier”. The question soon arose as to what the word type means?
Is it the same as a breed of dog???

Question 4

Ambiguity

Answer 4

sometimes a word can have 2 or more meanings e.g stamp

Question 5

A drafting error

Answer 5

The draftsman may have made an error which parliament didn’t spot

Question 6

New developments

Answer 6

new technology may mean that an old Act of Parliament does not apparently cover present day situations.
- This is seen in the case of Royal College of Nursing case

Question 7

The literal rule

Answer 7

under this rule, words are given their plain ordinary or literal meaning, even if the result isn’t sensible.

Question 8

literal rule case

Answer 8

• whitely v chappell
• london nd north eastern railway co V berriman

Question 9

The Golden rule:

Answer 9

This is a modification of the literal rule which allows the court to avoid an absurd result.
There are 2 views on this rule. Under the narrow application the court may choose between possible meanings of words. If there is only one meaning that meaning must be taken.

Question 10

golden rule cases

Answer 10

• adler v george
• meah and roberts
• Re sigworth

Question 11

The Mischief rule: (filling in the gap)

Answer 11

-thinking of the purpose of the act parament made.

This rule gives a judge more discretion than the other 2 rules. The definition comes from the rule in Heydon’s case where it was said that 4 points need to be considered by the courts:
- what was the common law before the making of the Act?

• What was the mischief (i.e problem) or defect for which the common law did not
• What was the remedy (i.e solution)the parliament hath resolved?

• What was the true reason of the remedy?

Question 12

mischief rule case

Answer 12

• smith v hughes
• royal college of nursing v DHSS

Question 13

The Purposive Approach:

Answer 13

• judges are deciding what they believe Parliament meant to achieve.

Question 14

PURPOSIVE APPROACH CASES

Answer 14

• jones v tower boot company
• deegan

Question 15

intrinsic aids are …

Answer 15

These are within the statute itself and they can make its meaning clearer.
- The court can look at the long title, the short title and the preamble. There can be headings and schedules attached to the Act. There are marginal notes explaining different sections.

Question 16

Advantages of intrinsic aids:

Answer 16

They are inserted by Parliament to make the law clearer.
- This means that the courts are more likely to come to the interpretation that Parliament intended. In older Acts the preamble was very helpful. Some statutes have a definition section which sets out the meanings of different words or phrases.

Question 17

Disadvantages of intrinsic aids:

Answer 17

They are not included in all statutes e.g modern Acts don’t have preambles.
- Some aids like headings are inserted by printers but may not reflect parliament’s intention.
- Definitions are not always defined & this can lead a lack of clarity e.g dishonesty is not defined in the Theft Acts.

Question 18

Extrinsic aids are…

Answer 18

These are outside the Act. The main ones include:
• Hansard
• Reports of Law Reform Bodies
• Dictionaries