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legal and criminal justice systems > statutory interpretation > Flashcards

statutory interpretation Flashcards

1
Q

what is statutory interpretation?

A

process by which courts interpret and apply legislation to determine the statues meaning

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2
Q

how are statues uncertain? (3 factors)

A
  1. can word omitted be automatically implied
  2. broad terms
  3. unforeseen events
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3
Q

what is one example of statues being uncertain? (Beards/moustaches)

A

men with beards or moustaches are prohibited in the park, so … if a man with a beard AND moustache excluded from prohibition??

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4
Q

when does statutory interpretation become part of case law and subject to rules of precedent?

A

once courts have interpreted a statute or section of a statute has been interpreted

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5
Q

what are the 4 approaches to statutory interpretation?

A
  1. literal rule
  2. golden rule
  3. mischief rule
  4. purposive approach
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6
Q

what is the literal rule?

A

gives all words ordinary and natural meaning i.e. taking the literal meaning of words

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7
Q

what is an example of literal rule?

A

Whiteley v Chapell (1868) - offences to impersonate ‘any person entitled to vote’ at an election - impersonated a dead man and having an extra vote

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8
Q

is the literal rule unjust, absurd or both?

A

absurd

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9
Q

what is the golden rule?

A

courts will interpret reasonable meaning in light of statute as a whole

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10
Q

what is an example of golden rule?

A

R v Allen (1872) - defendant was charged with the offence of bigamy, as it is an offence to marry whilst one’s spouse is till alive and not divorced

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11
Q

is the golden rule unjust, absurd or both?

A

both

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12
Q

what is the mischief rule?

A

judges look at the issues the law was created to solve and interpret in a way that effectively fixes the problem

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13
Q

what is an example of the mischief rule?

A

Smith v Hughes (1960) - it is an offence under street offences act 1959 for prostitutes to call from the streets so calling from the windows off their homes they didn’t break any laws as it was on private property

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14
Q

is the mischief rule unjust, absurd or both?

A

both

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15
Q

what is the purposive approach?

A

the overall purpose or intention behind the law is looked at, the judges try to understand what the lawmakers aimed to achieve and interpret the law accordingly

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16
Q

what is an example of the purposive approach?

A

RCN v DHSS (1981) - abortion act 1967 - were nurses registered medical practitioners, to try and strop backdoor abortions, if they were registered medical practitioners then they could perform abortions and it was determined that they were registered nurse practitioners

17
Q

what does ejusdem generis mean?

A

of the same kind

18
Q

what is Allen v Emmerson [1944] in presumptions: relating to form? (ejusdem generis) (theatre)

A

court asked to construe whether the phrase ‘theatre or other places of public entertainment’ included a funfair. for the ejusdem generis to apply there had to be 2 specific words in the list before the more general word - in this case the phrase did included a funfair though it was not of the same kind as theatres

19
Q

what does ejusdem generis mean in presumptions: relating to form?

A

where a law lists specific classes of persons or things and then refers to them in general, the general statement only apply to the same king of persons or things specifically listed

20
Q

what does noscitur a sociis mean?

A

meaning with context

21
Q

what is Bourne v Norwich Crematorium Ltd [1967] in presumptions: relating to form? (noscitur a sociis)

A

questioned whether a new furnace chamber and chimney tower was ranked for an annual capital allowance, as being ‘building and structures’ for the ‘purpose of trade which consists in the manufacture of goods or materials’ the allowance as refused Bec case it would be ‘a distortion of the English language to describe the living or the dead as goods or materials’

22
Q

what is expressio unius est exclusio alterius?

A

express mention of one specific thing infers exclusion of others

23
Q

what is Tempest v Kilner (1844) in presumptions: relating to form? (expressio unius est exclusio alterius)

A

‘stocks and shares’ not included in ‘goods, wares and merchandise’

24
Q

what is presumptions: relating to substance?

A

presumption against altering the common law

25
Q

what is national assistance board v Wilkinson [1952] in presumptions: relating to substance?

A

a statue is not to be taken as effecting a fundamental alteration in the general law unless it uses words which point unmistakably to that conclusion

26
Q

what are the 6 presumptions: relating to substance?

A
  1. the deprivation of liberty
  2. depriving of a vested right (already existing right)
  3. ousting the jurisdiction of the courts
  4. retrospective effect
  5. imposition of liability without fault (mens rea)
  6. binding the crown
27
Q

aids to interpretation: intrinsic aids layout

A
  1. short title
  2. long title
  3. preamble - underlying purpose of statute and historic facts relevant to subject of statute
  4. headings and marginal notes - Theft Act 1868
  5. interpretation sections e.g. PACE 1984
  6. schedules
28
Q

what are the 7 extrinsic aids?

A
  1. The Interpretation Act 1978
  2. Dictionaries - R v Fulling (1987)
  3. other statues
  4. judicial precedents
  5. preparatory works
  6. parliamentary debates (Hansards)
  7. explanatory notes
29
Q

HRA 1998/ECHR

A

HRA 1998 incorporates ECHR into the UK law:
s.3 (1) HRA
so far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the convention rights
ECHR: R v A (2001)

30
Q

what is the case ECHR: R v A (2001) stated in the HRA 1998?

A

ordinary methods of interpretation a court may depart from the language of the statute to avoid absurd consequences: section 3 goes much faster … the will of the parliament as reflected in s3 it will sometimes be necessary to adopt an interpretation which linguistically map appear strained

legal and criminal justice systems (18 decks)

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