Statutory Interpretation Flashcards
Statutory interpretation in the uk
Is the process by which courts determine the meaning of legislation (statutes) and apply it to specific cases. Since the language of statutes can sometimes be unclear, ambiguous or open to different interpretations. Judge used certain rules and approaches to interpret the meaning of words and provisions in a way that reflects the intention of parliament
The rules of statutory interpretation
There are rules or approaches that judges use to interpret statutes, each with its own philosophy,advantages and disadvantages. These include the literal rule the golden role and the purposive approach.
The literal rule
The literal role involved giving the words of statue their plain, Ordinary and literal meaning even if this leads to an absurd injustice result.
Judges under this rule focus strictly on the language of the statue without considering the broader context or purpose.
Key case for literal rule
R V Judge of the City of London Court 1892
Lord Esher famously stated that if the words of an act are clear, they must be followed, even if the result is absurd
Example Fisher V Bell 1961
Fisher v Bell 1961
A shopkeeper was charged with offering a flick knife for sale, contrary to the offensive weapons Acts 1959, which prohibited the offer of certain kinives. The court aplied the literel rul holdig taht the shopkeeper had ot offered the knife in a legel sense (it was merely a display) leading to acquital
acquital - letting someone of
disadvantages of the literel rue
absurd result - the literel rule can lead to outcomes thst are clearly unjud or contrary to coomon sense, as seen in fisher bell
ignores context - The literal rule may ignore te broader purpose of intention behind the legislation, focusing only on the words themselves.
advantage of literal rule
certainity and prditability - applying the literel rule enured that the law is clear, precise and predictable
respects parliamentar sovereignty - he couts follow exactly wht parliament has written, rther then interpreting the tatue based on their own views
Th golden rule
The golden rule is an adaption of the literal rule, used when the literal interpretation would lead to an absurd or unreasonable result. judges modify the meaning of the words to avoid absurdly but do not depart too far from the literal meaning
Key case of the godlen rule
Alder v Geoge 1964
Alde v Geoge 1964
The defend was charged with being in the vicinity of a prohibited place under the Official secrets Act 1902 but he argued that he was inside the prohinited place, not ne it. Applying the literelrule would lead to an absurd result, so the ourt used the golden rule to interret in the viciniy as ncluding being inside the place
advanatages of the golden rule
avaoids absurdity - the golden rule allows the court o avoid clearly absurd outcomes that parliament likeley did not intend
flexible - it provides flexibility in situation where the literel meaing woul ead to injustice
disadvanatge of the golden rule
Limited application - Th goldren rue is used only in rare cases where thr ltere interpetaion lead to absurdity which makes it les spredictable
judicial discretion - Judges hae teh discretion to decide what is absurd which can undermine legal certainity and consistency
The mischief rule
The mischief rule focusses on identifying the mischief or problem that parliament intended to address when passing the legislation. judges then interpret the statue in a way that remedies thiss problem, evenif it means deparing from the literel meaning of the wods.
key case authorty for mischief rule
heydons case 1584
heydons case 1584
This case establishd e mishief rule, which involves looking at the state of the law before the Act ws passed, identifying the mihief law was intended to remedy and interpreting tht statue in light of thta.
example smith v Hughes
smith v Hughes
Under street offences act 1959 prostitutes
