statutory interpretation

Question 1

what is statutory interpretation?

Answer 1

where judges work out the meaning of word/phrases in statutes

Question 2

4 rules

Answer 2

golden rule
literal rule
mischief rule
the purposive approach

Question 3

why do we need statutory interpretation?

Answer 3

words change in meaning over time
words can be taken out of context
broad words/phrasing that is unclear
statutes can be hurried

Question 4

D of literal rule

Answer 4

judges use the literal rule to give words their plain, ordinary, literal meaning, even if this leads to an absurdity

Question 5

what will be used to determine the plain meaning of a word for the literal rule?

Answer 5

a dictionary at the time of the act

Question 6

Lord Esher: R v Judge of the City of London (literal rule)

Answer 6

If the words of an act are clear, you must follow them, even if they lead to manifest absurdity

Question 7

If the words of an act are clear, you must follow them, even if they lead to manifest absurdity

Answer 7

Lord Esher: R v Judge of the City of London (literal rule)

Question 8

who summarised the literal rule

Answer 8

Lord Esher: R v Judge of the City of London

Question 9

advantages of the literal rule (1)

Answer 9

it respects parliamentary supremacy
the literal rule is likely to respect the fact that parliament is supreme and is elected to make laws
therefore judges have the role of applying the law as it is written

Question 10

advantages of the literal rule (2)

Answer 10

it is easy to apply and so predictable
saves money as outcomes are more predictable to lawyers, so they can better advise their client

Question 11

disadvantages of the literal rule 1

Answer 11

words have multiple meanings
can lead to inconsistencies in cases due to the judges not always knowing which definition to use.

Question 12

disadvantages of the literal rule 2

Answer 12

can lead to unfair decisions
Cheeseman v DPP
Decisions such as Cheeseman show that the literal rule can have absurd decisions, meaning that bad decisions will be followed

Question 13

when is the golden rule used?

Answer 13

when the literal rule leads to an absurd result, the golden rule can be used to avoid that result

Question 14

2 types of golden rule

Answer 14

golden narrow approach
golden wider appraoch

Question 15

golden narrow approach D

Answer 15

if there are multiple meanings of a word, then the judge can choose which one to follow
R v Allen

Question 16

source for D of golden narrow

Answer 16

R v Allen

Question 17

R v Allen

Answer 17

source for D of golden narrow

Question 18

golden broad D

Answer 18

used by the court when a word only has one meaning but having to follow it would lead to an absurd result
Re Sigsworth

Question 19

Re Sigsworth

Answer 19

source for golden broad approach

Question 20

source for golden broad approach

Answer 20

Re Sigsworth

Question 21

advantages of the golden rule (1)

Answer 21

respects parliamentary supremacy
it still uses the words which parliament included in the act

Question 22

advantages of the golden rule (2)

Answer 22

avoids unjust situations usch as in Re Sigsworth’s
Creates justice in cases, leading to the correct outcomes

Question 23

disadvantages of the golden rule 1

Answer 23

unpredictable
the judge decides whether the definition will lead to a bad outcome
makes it harder for lawyers to advise clients

Question 24

disadvantages of the golden rule 2

Answer 24

of limited use
criticised by the law commission as it can only be used on rare occasions, such as if there was an absurd situation to avoid

Question 25

where did the mischief rule originate

Answer 25

Heydon’s case 1854

Question 26

what is entailed in the mischief rule

Answer 26

judges look at why parliament passed the legislation in the first place

Question 27

case for the mischief rule

Answer 27

smith v hughes

Question 28

advantages of the mischief rule 1

Answer 28

more flexible
allows the judge to look past the exact words of the statute but rather look at the concern of the statute

Question 29

advantages of the mischief rule 2

Answer 29

produces just results
for eg smith v hughes - this is a common sense approach, making fairer outcomes

Question 30

disadvantages of the mischief rule 1

Answer 30

unpredictable
makes it impossible for lawyers to know when the mischeif law will be used by judges
makes it harder to advise clients

Question 31

disadvantages of the mischief rule 2

Answer 31

risk of judical law making
this goes against parliamentary supremacy as it shows that judges are trying to fill in the gaps and manipulate the law into what they think it should be

Question 32

the purposive approach d

Answer 32

judges look at the purpose behind the act

Question 33

what is the purposive approach used for

Answer 33

to interpret eu legislation and human rights law

Question 34

source for purposive approach

Answer 34

RCN v DHSS

Question 35

advantyages of purposive approach 1

Answer 35

helps to cover new situations
when there is a new technology or societal changes which weren’t present at the time

Question 36

advantyages of purposive approach 2

Answer 36

gives judges more discretion
allows judges to avoid the literal meaning to avoid absurd results

Question 37

disadvantages of purposive approach 1

Answer 37

allows unelected judged to make laws
parliament is elected to make laws, not judges, so they should instead focus on applying the law

Question 38

disadvantages of purposive approach 2

Answer 38

too open to interpretation
judges cannot truly know parliament’s intention
makes inconsistencies between cases more likely to occur