Statutory Interpretation 2A Flashcards
What is the structure of an 8 mark question?
- Introduction of the rule- Definition and how it is used.
- Case 1 (and 2)- Statute, persons actions, words of statute, problem, approach taken, result.
What is the structure of a 12 mark question?
ICEC - 4-5 Developed Paragraphs
- Issue (point) - one advantage/disadvantage is…
- Cause (explain) - This is a (dis)advantage because…
- Example (Evidence) - This issue arose in the case of…
- Consequence (link to question/ theme) - This means that…
What is statutory interpretation?
A process. It is the exercise of interpreting and/or understanding the written words of a statute and/or Act of Parliament.
Who interprets the statute?
Judges (specifically superior that sit in the appeal or supreme courts)
Why does statute need to be interpreted?
Judges have to apply the law in court, and so it is their job to first understand what the statute means and implement the will of Parliament.
When do judges interpret statute?
Only when a case comes before the court with a question of law- this happens when the law is not very clear.
What are the four rules of interpretation?
The literal rule
The golden rule
The mischief rule
The purposive Approach
What are some problems with the law?
They include broad terms (eg. Vehicle)
They are ambiguous (eg. Mentions father but not mother or care giver)
There is an error when drafting the statute (eg. Cat instead of Rat)
Advancements in technology (eg. ‘Written communication’ and doesn’t mention social media.
Changes in language (eg. Gay)
What is the literal rule?
It requires judges to apply the literal, ordinary, dictionary meaning of an unclear word even if it leads to ‘manifest absurdity’.
In what way would a judge use the literal rule? (Strictly or loosely)
Strictly to avoid confusion.
What does Lord Esher say about the literal rule?
“If the words of an act are unclear, you must follow them even if they lead to manifest absurdity”
What is the first case used for the literal rule?
LNER v Berriman
Explain LNER v Berriman
Statute- The Fatal Accidents Act 1946
Persons actions - The railway worker (Mr Berriman) was doing maintenance, oiling points on the track. He was hit by a train and was killed.
Words of Act - states when a lookout should be provided for railway workers. It said they should be provided for workers who were ‘relaying’ or ‘replacing’ the railway.
Problem- Mr Berriman’s actions were classed as ‘maintenance’ which was not ‘relaying’ or ‘replacing’.
Approach taken- literal meanings of relaying and repairing were used.
Result- Therefore the LNER were not liable.
What is the second case used for the literal rule?
DPP v Cheeseman
Explain DPP v Cheeseman
Statute - Town Police Clauses Act 1847 Persons actions - The defendant (D) was masturbating in a public lavatory. Police who were on patrol in the area caught him.
Words of act - This Act defined a street as any place of public resort under the control of the local authority.
The toilet was classed as a street in the law as it was a place of public resort controlled by the local authority.
A passenger was defined as a ‘passer-by or through; a traveller (usually on foot) ; a way farer in the oxford dictionary.
Problem- The police were found to not be passengers as they were not resorting in a ordinary way but for a special purpose.
Approach taken- literal meanings used
Result - Therefore D was found not guilty.
If you need an example answer for an 8 marker for the literal rule, which page do you go to?
Page 6 of the statutory interpretation booklet.
Which rule is a modification of the Literal Rule?
The Golden Rule
Briefly explain how the Golden Rule works. Not the definition, just when it is used.
Starts by looking at the literal meaning of the word in the statute. However if that comes to an absurd result, court can use this Golden Rule.
What are the two versions of the Golden Rule?
The narrow approach
The broad approach
How does the narrow approach work?
If a phrase has 2 or more meanings the judge can choose between the meanings to select the more appropriate one for the case. They cannot invent new meanings.
Which case relates to the narrow approach?
R v Allen
D charged with Bigamy under OAPA
Problematic word - “married”
Two meanings were:
1. To be legally married (impossible to be twice as it would be detected in paperwork)
or
2. To go through a wedding ceremony (able to do multiple times).
The court chose the 2nd definition as it enabled D to be convicted of Bigamy.
How does the Broad approach work?
Where the words in the statute have 1 clear meaning but that leads to an absurd result. Court can modify the words of the statute to avoid the problem.
Which case relates to the broad approach?
Re Sigsworth (correct spelling no v)
V had not made a will
D was son of v and murdered v
Administration of Justice Act 1925 was used in court. This act says that the murderous son would inherit the estate.
This was problematic because D would benefit from his crime. (Court didn’t want this)
They modified the words in order to avoid giving the estate to the son.
If you want an example 8 mark question on the golden rule, where would you find it?
On page 13 of the Statutory Interpretation Booklet.
What is the Mischief rule?
It requires judges to:
Identify the mischief (problem) parliament were attempting to stop by making the statute.
Interpret the statute to stop the mischief.
What are the 4 questions to ask when using this rule?
What was the common law before the Act was made?
What problem did the old law not stop?
What was the solution Parliament created to cure the problem?
What was the reason for the solution?
What is the first case that relates to the Mischief Rule?
Smith v Hughes
What statute was the court interpreting in Smith v Hughes?
Street offences Act 1959
