Statutory Interpretation Flashcards
What is the structure of an 8 mark question?
- Introduction of the rule- Definition and how it is used.
- Case 1 (and 2)- Statute, persons actions, words of statute, problem, approach taken, result.
What is the structure of a 12 mark question?
ICEC - 4-5 Developed Paragraphs
- Issue (point) - one advantage/disadvantage is…
- Cause (explain) - This is a (dis)advantage because…
- Example (Evidence) - This issue arose in the case of…
- Consequence (link to question/ theme) - This means that…
What is statutory interpretation?
A process. It is the exercise of interpreting and/or understanding the written words of a statute and/or Act of Parliament.
Who interprets the statute?
Judges (specifically superior that sit in the appeal or supreme courts)
Why does statute need to be interpreted?
Judges have to apply the law in court, and so it is their job to first understand what the statute means and implement the will of Parliament.
When do judges interpret statute?
Only when a case comes before the court with a question of law- this happens when the law is not very clear.
What are the four rules of interpretation?
The literal rule
The golden rule
The mischief rule
The purposive Approach
What are some problems with the law?
They include broad terms (eg. Vehicle)
They are ambiguous (eg. Mentions father but not mother or care giver)
There is an error when drafting the statute (eg. Cat instead of Rat)
Advancements in technology (eg. ‘Written communication’ and doesn’t mention social media.
Changes in language (eg. Gay)
What is the literal rule?
It requires judges to apply the literal, ordinary, dictionary meaning of an unclear word even if it leads to ‘manifest absurdity’.
In what way would a judge use the literal rule? (Strictly or loosely)
Strictly to avoid confusion.
What does Lord Esher say about the literal rule?
“If the words of an act are unclear, you must follow them even if they lead to manifest absurdity”
What is the first case used for the literal rule?
LNER v Berriman
Explain LNER v Berriman
The railway worker (Mr Berriman) was doing maintenance, oiling points on the track. He was hit by a train and was killed.
His wife is suing the LNER.
The Fatal Accidents Act had to be interpreted here as it states when a lookout should be provided for railway workers. It said they should be provided for workers who were ‘relaying’ or ‘replacing’ the railway.
Mr Berriman’s actions were classed as ‘maintenance’ which was not ‘relaying’ or ‘replacing’. Therefore the LNER were not liable.
What is the second case used for the literal rule?
DPP v Cheeseman
Explain DPP v Cheeseman
The defendant (D) was masturbating in a public lavatory. Police who were on patrol in the area caught him.
He was charged under S28 of the Town Police Clauses Act. This Act defined a street as any place of public resort under the control of the local authority.
The toilet was classed as a street in the law as it was a place of public resort controlled by the local authority.
A passenger was defined as a ‘passer-by or through; a traveller (usually on foot) ; a way farer in the oxford dictionary.
The police were found to not be passengers as they were not resorting in a ordinary way but for a special purpose. Therefore D was found not guilty.
