Statutory Interpretation Flashcards
What is statutory interpretation?
- The way in which lawyers and judges interpret acts of parliament
Why do we need statutory interpretation?
What are the five factors we may need statutory interpretation?
- Broad Meaning of word = Wording may be unclear. Eg. R v Ireland and R v Burstow: Psychiatric harm was unclear
- Ambiguity = May have multiple meanings and unsure which meaning should be used. Eg. Twining v Myers
- Human Error or error in drafting. Eg. Fisher v Bell
- Change in meaning = Future developments and advancements. Eg. R v Whiteley
- Changes in language. Eg. Cheeseman v DPP
What are the four ways of tackling interpretation?
- Rules of Interpretation
- Rules of Language
- Presumptions
- Intrinsic and Extrinsic Aids
What are the four rules of interpretation?
- Literal Rule = The literal meaning and ordinary meaning of the word. Seen in Whitely v Chappel
- Golden Rule = Looks at the literal meaning but then finds a reasonable alternative meaning to avoid absurdity. Seen in Adler v George. There is a narrow approach when the word has more than one meaning and a broad approach where the one meaning would lead to an absurdity
- Mischief Rule = Judge gives discretion and attempts to find the problem they are providing a remedy for. Discover the gap that the act intended to cover. Seen in Elliot v Grey
- Purposive Approach = What parliament meant to achice and looks at the wider context of the statute.
What are advantages to the rules of interpretation?
Literal Rule = Follows the exact words of parliament. It makes law certain as everyone has the same meaning
Golden Rule = Respects words written by parliament but provides an alternative for an absurdity. This allows the most sensible outcome
Mischief Rule = Allows the judge to fill the gap and provides a just result
Purposive Approach = Allows the law to cover more issues and useful when there is new technology
What are disadvantages of rules of interpretation?
Literal Rule = Assumes all acts are perfectly drafted, can lead to unjust decisions and some words have more than one meaning
Golden Rule = It has limited use and can’t predict when courts will use the rule
Mischief Rule = It contradicts parliamentary supremacy, can be influenced by own views and it is impossible to predict use
Purposive Approach = It allows unelected judges to make law and leads to uncertaintity
What is the problem of the literal rule in EU law?
- Acts have to be interpreted into different languages meaning the literal rule would not be possible
What are the rules of language?
- Words within the act must be looked at to determine whether the affect the word
What are the three rules of language?
- Ejusdem generis rule = Things of the same kind. General words of the similiar type
- Expressio unius exclusio alterius rule = The express mention of one thing excludes others not mentioned. When it only applies to things in the list
- Noscitur a sociis rule = A word is known by the company it keeps. Words in the statute must be taken in context of the words around it
What are presumptions of interpretation?
- The main presumptions are that statutes do not change common law, MR is required for the guilty mind, the Crown is not bound by statute and statutes do not apply retrospectively
What is an intrisic aid and examples?
- Aids part of the statute itself to help understand the meaning of the law. It is inside the act
- Long title, preamble which states the aim, marginal notes,
What are extrinsic aids and examples?
- Things outside the original statute which help understand the terms of the statute
- Dictionaries, textbooks, case law, reports of law reform, historical setting and hansard which is the daily reports and debates in parliament. Hansard can be used when words are ambigious, obscure or leads to an absurdity
