Statutory Interpretation Flashcards
1
Q
Literal Rule?
A
- Starting Point for Judges
- Should read the words exactly as they appear even if the outcome is absurd
-LNER v Berriman 1946
2
Q
LNER v Berriman 1946?
A
- Railway worker was killed by a train whilst oiling the track.
- Statute provided compensation was payable on death for those ‘relaying or repairing’ the track
- no compensation was given as oiling the tracks was considered ‘maintenance’
3
Q
Literal Rule Advantages?
A
- judges applying will of parliament
- the result is certain so lawyers can advise their clients on the likely outcome
4
Q
Literal Rule Disadvantages?
A
- Rule assumes that the Act is perfectly written
- Cannot be used if words to be interpreted are not in an ACT or if the words can have more than one meaning
5
Q
Golden Rule?
A
- modification of literal rule
- judges start with literal rule but want to prevent absurd outcome
- definition: Jones v DPP
- R v Allen 1872
6
Q
R v Allen 1872?
A
- Defendant was charged with the offence of bigamy
- Statute states ‘whoever being married shall marry any other person during the lifetime of the former husband or wife is guilty of an offence’
- Defendant found guilty
7
Q
Golden Rule Advantages?
A
- respects the act of parliament but provides an escape route when using the literal rule
- fewer absurd and unjust result being made
8
Q
Golden Rule Disadvantages?
A
- Limited in its use
- gives too much power to judges
9
Q
Mischief Rule?
A
- fills gaps in the law
- provides wider scope than the literal and golden rule
- definition: Heydon’s case
- Smith v Hughes 1960
10
Q
Smith v Hughes 1960 ?
A
- The defendants were prostitutes who had been charged under the Street Offences Act 1959 which made it an offence to solicit in a public place. The prostitutes were soliciting from private premises in windows or on balconies so could be seen by the public.
11
Q
Mischief Rule Advantages?
A
- promotes purpose of the law
- More likely to produce a ‘just’ result
- makes sure gaps in the law which were meant to be covered is done
12
Q
Mischief Rule Disadvantages?
A
- Judicial law making
- makes it difficult for lawyers to advise clients
- can lead to different decisions as judges have different views
13
Q
Purposive Approach?
A
- looks for purpose of parliament and interprets words accordingly
- used specifically in European statute
- definition - Maunsell v Olins
- Jones v Tower Boot Co 1997
14
Q
Jones v Tower Boot Co 1997?
A
- Claimant suffered racial abuse at work, which he claimed amounted to racial discrimination for which the employers were liable
- Statute stated it must be in the course of employment
- employer argued it was not as it was being done by other employees
15
Q
Purposive Approach Advantages?
A
- leads to justice in individual cases/ avoids absurd decisions
- fills gaps in the law
- easier if the law is European
