Statutory Interpretation Flashcards
What is statutory interpretation?
Where judges interpret the words in an Act of Parliament- needing to understand the words written in the legislation
What are the four rules of interpretation?
The Literal Rule
The Mischief Rule
The Golden Rule
The Purposive Approach
What is the Literal Rule?
Where a judge will give words their plain, literal, dictionary meaning, even if the result is not sensible
The Literal Rule example
Whitley V Chappell (1868)
D cast a vote in the name of a deceased person
Charged with impersonating ‘any person entitled to vote’
Does not achieve justice
2 Advantages of the Literal Rule
Makes the law certain
Respects the separation of powers
2 Disadvantages of The Literal Rule
Assumes every act is carefully drafted
Words may have more than one meaning
What is The Golden Rule?
A modification of the literal rule, looking at the literal meaning and avoiding interpretation that would lead to an absurd outcome
What are the two approaches of the golden rule?
Broad
Narrow
What is the narrow approach?
Where a word is capable of more than one meaning
What is the broad approach?
Where the judge is allowed to modify the meaning of a word
Narrow approach example
Adler V George (1964)
D was in the prohibited place
Interpreted ‘in the vicinity’ to include the prohibited place
Broad approach example
Re Sigsworth (1935)
Son murdered mother, who did not have a will
Sin would have inherited as her next of kin or ‘issue’
Modified meaning of ‘issue’ to excluded those who have murdered their parents
2 Advantages of the golden rule
Respects the exact words used
Chooses the most sensible outcome
2 Disadvantages of the golden rule
Judges can change the meaning of a statute
Limited in its use
What is The Mischief Rule?
Gives four points a court should consider:
What was the common law before?
What was the defect?
What was the remedy Parliament attempted to implement?
What was the true reason for the remedy?
The Mischief Rule example
Royal College of Nursing V DHSS
Changed so that part of the abortion procedure could be carried out by a nurse without supervision
2 Advantages of the mischief rule
Promotes the purpose of the law
Law commission prefers the rule
2 Disadvantages of the mischief rule
Uncertainty
Judges don’t always agree
What is the purposive approach?
Deciding what they believe Parliament meant to achieve and giving effect to that purpose
The purposive approach example
Jones V Tower Boot Co (1997)
Black worker physically and verbally abused by fellow workers
Sued employers- responsible for workers actions
Ruled the intention of the Act was to eliminate discrimination, employers were therefore liable
2 Advantages of the purposive approach
Justice is achieved
Judges can plug the gap
2 Disadvantages of the purposive approach
Undemocratic
Time consuming
What are aids to interpretation?
Additional resources needed to help judges interpret a statute Limited in
What are the two types of interpretation?
Intrinsic Aids
Extrinsic Aids
What are intrinsic aids?
Things within the statute that a judge can use to help them with interpretation of the law
2 Examples of intrinsic aids
Headings, schedules and marginal notes
Older statutes
What are extrinsic aids?
Items outside of the statute that may help a judge to find the meaning of the words in an Act
2 Examples of extrinsic aids
Hansard- Official report of what was said in Parliament when the Act was debated
Dictionaries at the time the Act was passed
What is The Interpretation Act (1978)?
Provides a definition of certain words that are frequently used in legislation
