Statutory Interpretation

Question 1

what was the general rule established in Sheriff N MP Morrison in Select Service Partner Ltd v NRI

Answer 1

• Act of parliament is constructed to the ordinary meaning of the words used in the Act
• where meaning of statutory provision isn’t clear, you may look at external aids of construction
• or look at decisions construing the Act at the time, look at parliamentary material or law commission reports

Question 2

what are rules of interpretation

Answer 2

• not binding on judges, more like guidelines
• courts have much discretion in which approaches they take

Question 3

what are the three rules of interpretation

Answer 3

• Mischief rule
• Literal Rule
• Golden Rule

Question 4

summary of the literal rule

Answer 4

• give parliament’s words their plain ordinary meaning
• if that results in an absurdity, it’s up to the legislature to put things right
• Fisher v Bell

Question 5

summary of the Mischief rule

Answer 5

• if words in a statute are vague/uncertain, courts should look at the mischief the act was designed to overcome
• its a means for judges to focus on what parliament intended

Question 6

summary of the golden rule

Answer 6

• merely a compromise of golden and literal rule
• if literal approach leads to an absurdity, interpret the words so to avoid absurdity, but remain consistent with content of statute

Question 7

how do you use the act as a whole

Answer 7

• read act as a whole and look for an interpretation section
• if act is directed at the general public, interpret the act as the general public would

Question 8

what does the Royal college of Nursing of the UK case argue

Answer 8

• s.1(1) of act is clear that only qualified doctors or surgeons can perform accepted abortion methods in 1967
• they question whether this section should be interpreted differently now that new abortion methods have emerged
• conclusion was that the go wording shouldn’t be altered to include new methods, regardless of desire to expand laws scope

Question 9

case summary of Jenner v Allen West & Co Ltd 1959

Answer 9

• regulations were intended for a specific trade, terms used within them should be interpreted according to the trade’s meaning
• ‘crawling boards’ referred to boards with transverse battens
• D violated their duty by failing to provide correct type of crawling boards

Question 10

what is the prospective effect rule

Answer 10

statutory rules must be taken to apply to future-post commencement cases alone

Question 11

what are the three conditions in which statutes must be construed narrowly

Answer 11

• impose a penalty
• restrict personal liberty
• enrich on private property

Question 12

fundamental rights

Answer 12

can’t be overridden by vague or general language as it risks ignoring their full implications in democratic process

Question 13

what did Lord Hoffman in R v Secretary of State for the Home department state

Answer 13

without clear or necessary language suggesting otherwise, courts assume that even broad terms are meant to respect individuals basic rights

Question 14

what is a closed list

Answer 14

• statutory defining list beginning with ‘means’

Question 15

what is an includes list

Answer 15

• list beginning with ‘includes’ signals a list that takes the form of examples
• potentially more open to ‘Noscitur a socis’

Question 16

what does the Scotland Act 1998 require from courts

Answer 16

for them to construe statutory words in Acts of the devolved Scottish legislature as narrowly as possible as is required for any provision which may be outside competence, as is required for it to be within competence

Question 17

what does the Human Rights Act 1998 require from courts

Answer 17

• they have a specific statutory duty
• required under s.3(1) HRA that when interpreting any act where there is the potential of a HRA being relevant, to construe in a manner compatible with ECHR
• so far as possible without ‘breaking the statute