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?
