Statutory interpretation

Question 1

Definition statutory interpretation.

Answer 1

If there is a dispute over the meaning of a word or phrase in an Act of parliament.

Question 2

Reasons for statutory interpretation

Answer 2

-words may have several meanings.
-meaning of words can change overtime
-may have been drafted up too quickly (e.g. The Dangerous Dog Act 1990)
-Changes in technology can affect how law is applied (Royal College of Nursing v DHSS)
-Drafting of original bill may contain errors.

Question 3

Approaches to statutory interpretation.

Answer 3

• The literal rule
• The golden rule
• The mischief rule
• The purposive approach.

Question 4

Definition of literal rule

Answer 4

Given words their plain, ordinary or literal meaning even if results are not sensible.

Question 5

Lord Esher quote

Answer 5

If the words of an Act are clear ten you must follow them even if they lead to a manifest absurdity.

Question 6

Literal rule case- Whiteley v Chappell (1868)

Answer 6

Facts:
D posed as someone who had died in order to vote an election.
Words that needed to be interpreted:
‘impersonating any person entitled to vote’
Outcome:
D- not guilty
applying literal rule, a dead person cannot vote

Question 7

Literal rule- Fisher v Bell (1961)

Answer 7

Facts: A shop-keeper put flick knives on display charged for ‘offering for sale knives under restriction of offensive weapons Act 1959’
Words that needed to be interpreted:
‘offer for sale’
Outcome:
D- was not guilty
not offer to sale, it was an ‘invitation to treat’

Question 8

literal rule- London and NE railway co and berriman (1946)

Answer 8

Facts:
Mrs Berriman husband killed whilst oiling points on railway line.
Compensation available if ‘replaying or repairing track’
Interpreted words:
‘Replaying or repairing’
Outcome:
Mrs Berriman not entitled as was held ‘maintaining track’ not ‘relaying or repairing’

Question 9

R (Haw) v SOS for the Home Department (2006)

Answer 9

The court of appeal refused to apply a literal approach to a new piece of legislation as they felt it would not reflect the intention of parliament.

Question 10

Disadvantages of the literal rule

Answer 10

• Disagreements as what amounts to ordinary or natural meaning: R v Maginnis (supply)
• Words may have more than one meaning- act unclear
• unfair results (Berriman)
• absurd results (whitely)
• Absurb decision clearly not what parliament wants undermine public confidence.
• Law commission: the literal rule assumes an unattainable perfection on in draftsmanship.

Question 11

Advantages of literal rule

Answer 11

• respects parliamentary sovereignty and prevents unelected judges from making law
• Lord Scarman- in favor of L.R
• Upholds separation of powers by restricting judges roles
• makes law more certain as law interpreted exactly how written.
• rules easier for judges and leads to quick decisions.