Statutory Interpretation Flashcards
Three rules regarding statutory instruments?
Literal Rule
Golden Rule
Mischief Rule
Definition of the Literal Rule?
Gives words their plain ordinary or dictionary meaning
Example of the Literal Rule?
Berriman
Advantages of Literal Rule?
Follows wording of Parliament
Prevents unelected judges making law
Makes the law more certain
Easier to predict how the judge will interpret the law
Disadvantages of the Literal Rule?
Not all Acts are perfectly drafted
Words have more than one meaning
Can lead to unfair or unjust decision
Definition of Golden Rule?
Modification of the literal rule and avoids an interpretation that is absurd
What are the applications of the Golden Rule?
Narrow Application
Wider Application
Definition of the Narrow Application of the Golden Rule?
Court choose between possible meaning of the word or phrase
Example of Narrow Application of the Golden Rule?
Adler v George
Definition of Wider Application of the Golden Rule?
Words have one clear meaning but would lead to a repugnant situation
Example of Wider Application of the Golden Rule?
Re Sigsworth
Advantages of the Golden Rule?
Respects the words of Parliament
Allows the judge to choose the most sensible meaning
Avoids the worst problems of the literal rule
Disadvantages of the Golden Rule?
Can only be used in limited situations
Not possible to predict when the court will use it
Feeble Parachute - escape route but cannot do much
Definition of Mischief Rule?
Looks back to the gap in the previous law and interprets the Act to cover the gap
Example of Mischief Rule?
Smith v Hughes
Advantages of the Mischief Rule?
Promotes the purpose of the law
Fills in the gap in the law
Produces a “just result”
Disadvantage of the Mischief Rule?
Risk of judicial law making
Not as wide as the purposive approach
Limited looking back at the old law
Can make the law uncertain
What approach is used to interpret EU Law?
Purposive Approach
Definition of the Purposive Approach?
R v Registrar - General, ex parte Smith
Advantages of the Purposive Approach?
Leads to justice in individual cases
Allows for new development in technology
Avoids absurd decision
Disadvantage of the Purposive Approach?
Difficult to find Parliaments intention
Allows judges to make law
Leads to uncertainty in the law
Internal Aids for Statutory Interpretation?
Statue itself
Preamble - statement
Interpretation Section
Parliamentary Debates
Case regarding Internal Aids?
Shah and Shah
External Aids for Statutory Interpretation?
Previous Acts of Parliament on the same topic
Historical Setting
Earlier Case Laws
Dictionaries of the time
Case for dictionaries for External Aids?
Cheeseman v DPP
Other Relevant External Aids for Statutory Interpretations?
Hansard - is the official report of what was said when the Act was debated
Reports of Law Reform Bodies
International Conventions, Regulations and Directives
Case regarding Hansard?
Pepper v Hart
What was stated in Pepper v Hart about Hansard?
Hansard can only be used in limited ways
Statutory Interpretation regarding the Human Rights Act 1998?
Legislation must be read and given effect in a way which is compatible with the rights of the European Convention on Human Rights
Case regarding Human Rights and Statutory Interpretation?
Mendoza v Ghaidan
