Statutory Interpretation

Question 1

What are the rules of statutory interpretation?

Answer 1

1. Literal Rule: Words given their plain meaning (Fisher v Bell).
2. Golden Rule: Modifies literal meaning to avoid absurdity (Adler v George).
3. Mischief Rule: Focuses on the law’s intention to remedy a problem (Heydon’s Case).
4. Purposive Approach: Seeks to fulfill the legislature’s purpose (R v Registrar-General, ex parte Smith).

Question 2

What are the advantages and disadvantages of the literal rule?

Answer 2

Advantages:
• Ensures parliamentary sovereignty.
• Provides clarity and predictability.

Disadvantages:
• Can lead to unfair outcomes (e.g., Fisher v Bell).
• Fails to consider the law’s purpose.

Question 3

What intrinsic and extrinsic aids do courts use in statutory interpretation?

Answer 3

1. Intrinsic aids: Found within the statute (e.g., preamble, schedules).
2. Extrinsic aids: Found outside the statute (e.g., Hansard, dictionaries).

Question 4

What is the purposive approach, and when is it used?

Answer 4

Judges interpret laws to achieve Parliament’s intention, often used in EU law cases.

Example case: Pickstone v Freemans.

Question 5

What are the criticisms of the mischief rule?

Answer 5

1. Gives judges excessive discretion.
2. Risks undermining parliamentary sovereignty.

Question 6

How does Hansard assist in interpretation?

Answer 6

Hansard is the official record of parliamentary debates, used to determine legislative intent.

Example case: Pepper v Hart.

Question 7

What is the difference between intrinsic and extrinsic aids?

Answer 7

• Intrinsic aids: Found within the statute (e.g., long title).
• Extrinsic aids: Found outside the statute (e.g., legal textbooks).

Question 8

What is an example of a case using the golden rule?

Answer 8

Adler v George: The court interpreted ‘in the vicinity of’ to include being inside a restricted area.