Statutory Interpretation

Question 1

Define the Literal Rule

Answer 1

• Take the words in plain ordinary meaning, even if the result is not very sensible

Question 2

State an A02 for the Literal Rule.

Answer 2

• R v Judge of the City of London court 1892
• Lord Esher stated “if the words of an Act are clear then you must follow them even of they lead to a manifest absurdity. The court has nothing to do with the question whether the legislature has committed an absurdity”

Question 3

State another A02 for the literal Rule.

Answer 3

• Whiteley v Chappell 1868
• In this case the defendant was charged under a section that made it an offence to impersonate ‘ any person entitled to vote’. d had pretended to be a person whose name was on the voter’s list but had died.
• the court held that he was not guilty since a dead person is not, in the literal meaning of the words , ‘entitled to vote’
• the law was made absurd in this case.

Question 4

State another A02 for the Literal Rule.

Answer 4

• The London and North eastern Railway v Berriman 1946.
• the claimants’s husband was killed while oiling the points along the railway line. Compensation was only payable if he had been “relaying or repairing” the line. The House of Lords held that oiling points was maintaining the line and not “ relaying or repairing”.

Question 5

Name the advantages of the Literal Rule.

Answer 5

-It follows the rule that Parliament makes law not judges which prevents unelected judges from making law
-makes the law more certain: the law is interpreted exactly how it is written
- people will know what the law is and how judges will apply it. Which could lead to a decrease in crime.

Question 6

Name the disadvantages of the Literal Rule.

Answer 6

• assumes every act is perfectly drafted
• words do not cover every situation eg Whitley vs Chappell 1868
• words may have more than one meaning e.g Dangerous Dogs Act 1991
• following the literal approach may lead to unjust decisions e.g Whitley v Chappell.

Question 7

Define the Golden Rule.

Answer 7

• Modification of the literal rule.
• It looks at the literal rule. Then the courts is allowed to avoid interpretations that would lead to an absurd outcome.
  -the courts can only choose between the words and the phrase. If there is only one meaning then it must be taken.
• If you use this rule and it leads to a distasteful situation: The golden rule can modify the words of Parliament.

Question 8

State an AO2 for the Golden Rule.

Answer 8

• Jones v DPP 1962 - in this case Lord Reid argues for a narrow application of the golden rule.
• ” if they are capable of more than one meaning, then you can choose between those meanings, but beyond that you cannot go.”

Question 9

State another AO2 for the Golden Rule.

Answer 9

• R v Allen 1872 - Section 57of the offences Against The Person Act 1881 which made it an offence to marry whilst one’s original spouse was still alive (and there had been no divorce). The word ‘marry’ can mean to become legally married or ‘go through a ceremony of marriage’. The court decided that using the Act, the word had the second meaning. To do otherwise would have produced an absurd result.

Question 10

State another AO2 for the Golden Rule.

Answer 10

• Sigsworth 1935.
• a son had murdered his mother. The mother had not made a will, but according to the rules set out in the Administration of Justice Act 1925 her next kin would inherit (who was the son).
• no ambiguity in the meaning of the Act, but the court was not prepared to let a murderer benefit from his crime. So it was held that the literal rule will not apply, the golden rule being used to prevent a repugnant situation.

Question 11

What are the advantages of the Golden Rule.

Answer 11

• if there are any issues with the literal rule the golden rule can be applied
• it allows the judge to choose the most sensible meaning of a word in an Act
• it provides the most sensible decision in a case.

Question 12

What are the disadvantages of the Golden Rule.

Answer 12

• Only used in rare occasions.
• Its not possible to predict when the courts will use this rule
• Micheal Zander has described this as a feeble parachute. e.g an escape route that cannot do very much.

Question 13

Define the Mischief Rule.

Answer 13

-This rule requires the court to look to what the law was before the legislation was passed in order to discover what gap or mischief the legislation was intended to cover.
-The court is then required to interpret the legislation in such a way to ensure that the gap is covered.
- it was discovered through Heydon’s Case 1584

Question 14

What did the Heydon’s case state about the Mischief Rule.
(4 points)

Answer 14

1. what was the common law before making an Act?
2. What was the issue in the problem that judges made the law and did not solve?
3. What is the issue that Parliament hasn’t solved.
   4.What was their true remedy ?