Statutory interpretation Flashcards
what is statutory interpretation
how judges interpret statutes
what act are judges provided with, along with using one of rules/ approaches of interpretation
Interpretation Act 1978
what is the literal rule
when judges give words of statute their plain, ordinary meaning, expressing parliament’s true intention from words used within statute
what do judges use to find meaning of words in literal rule
oxford English dictionary
by what judge + in which case was the literal rule outlined in
Lord Esher in R v Judge of the City of London
in what case did using the literal rule produce an absurd result
Whitely v Chappel
in what case was the literal rule used so it was said that ‘oiling and maintaining’ the tracks was not the same as ‘relaying and repairing’
LNER v Berrimen
when is the golden rule used
to avoid absurd result from literal rule
what is the golden rule referred to as - from which case
safety valve - Becke v Smith
what are the 2 interpretations of the golden rule
1) modify ordinary meaning - broad/ wide interpretation
2) choose between different meanings - narrow interpretation
what case was the broad/ wide interpretation of the golden rule used
Re Sigsworth
what case and lord does narrow interpretation come from
Lord Reid in Jones v DPP
in what case was the narrow interpretation of the golden rule used
R v Allen
what is the mischief rule
courts discover reason for law by looking at old fault it was trying to fix
what case does the mischief rule come from
Heydon’s case 1584
what 4 things does Heydon’s case state judges must consider
1) old law before the statute
2) problem parliament trying to resolve
3) solution it wanted to provide
4) give effect to parliament’s intention
in what 2 cases was mischief rule used
Smith v Hughes
Royal College of Nursing v DHSS
what is the purposive approach
court tries to discover reason for which parliament passed statute + then gives words meaning to fulfill its purpose
in what case was the purpose of the act to regulate the use of embryos so didn’t matter how they were created
R (Quintavelle) v Sec it State for Heath
in what case was the purpose of the act to promote family life not serious crime
R v Registrar General Ex Parte Smith
list 3 advantages of the literal rule
1) agrees with parliamentary sovereignty
2) agrees with the separation of powers
3) creates certainty
list 4 disadvantages of the literal rule
1) rigid approach
2) can produce absurd decisions (Whitely)
3) Zander stated too mechanical + divorced from realities of language
4) can produce harsh outcomes (Berrimen)
list 3 advantages of the golden rule
1) agrees with parliamentary sovereignty
2) avoids absurd decisions from literal rule
3) more flexible approach
list 2 disadvantages of the golden rule
1) difficult to determine what is an ‘absurd decision’ - makes it hard to work out when rule should be used
2) because of uncertainty, Zander states it’s not an ideal safety valve
list 3 advantages of the mischief rule
1) v. flexible approach
2) declares parliament’s true intention
3) The Law Commission - “rather more satisfactory approach”
list 3 disadvantages to the mischief rule
1) does not agree with separation of powers
2) judges may not accurately declare Parliament’s true intention of they misunderstand
3) lengthy process
list 3 advantages to purposive approach
1) relies not only on wording of statute but also reason for it
2) best of both words
3) very flexible approach to achieve a meaning that reflects purpose of the law
list 4 disadvantages of the purposive approach
1) does not agree with separation of powers
2) may misunderstand the purpose of the law
3) lengthy process
4) uncertainty - unclear when rule should be used
what are aids to interpretation
other things judge can use to help him understand meaning of Act
list 3 intrinsic aids to interpretation
1) the statute itself
2) explanatory notes
3) interpretation section
in what case did long title of stature briefly explain parliament’s intentions
RCN v DHSS
what are explanatory notes
explains meaning + purpose of Act - accompanies Acts made after 1999
give an example of an act which has an interpretation section
s4 Theft Aft 1968
list 7 extrinsic aids
1) hansard
2) dictionary
3) Human Rights Act 1998
4) Textbooks
5) Other statutes
6) Law reports
7) Treaties
what does hansard contain
all debates taken place in parliament
judges have been able to use hansard as an extrinsic aid since the ruling in…
Pepper v Hart
in what case was the dictionary used as an extrinsic aid
Vaughan v Vaughan
what impact does European law have on Statutory Interpretation (2) (what did Treaty of Rome say)
- purposive approach preferred by most European countries
- Treaty of Rome: all member states required to “take all appropriate measures… to ensure fulfilment of the obligations” - so where the law to be interpreted is based on European law, English courts have had to interpret it in the light of the wording + purpose of the European law
what impact does the Human Rights Act 1998 have on Statutory Interpretation
s3 HRA states legislation must be read + given effect in a way which is compatible with the rights in the European Convention on Human Rights
