Statutory Interpretation Flashcards
What is statutory interpretation?
Is the process whereby judges are called upon to interpret the words or phrases contained in an act
What reasons could words or phrases be unclear?
Broad term
Ambiguous
Badly drafted (Dangerous Dogs Act 2004)
New term (Reem)
Change in the use of language (bastard)
Whats the four rules of statutory interpretation?
The Literal Rule
The Mischief Rule
The Golden Rule
The Purposive of Approach
What is the Literal Rule?
Judge examines the word in dispute and interprets the word literally to give its plain, ordinary and literal meaning. This is so, even if the result is not sensible
When was the literal rule brought about?
This rule developed in the early 19th century where the judge in the Sussex Peerage Case (1844) stated:
“Where the words of a statute are clear and unambiguous they are to be given their literal and grammatical meaning”
It has been the main rule applied ever since and has been used in many cases. Although the rule does sometimes being about absurdities in the law.
Example cases of Literal Rule
Whitely v Chapell [1868]
Facts: D had voted in the name of a dead person and was charged with “impersonating someone entitled to vote”
Held: the court ruled that D could not be found guilty as a dead person is not entitled to vote, meaning d was acquired because the judge used the literal rule.
Berriman [1946]
Facts: a railway worker was killed by a train while oiling signalling apparatus on the line. his widow claimed compensation due to there being no ‘lookout’ procedures in accordance with the relevant statute. The wording in the act required a lookout to be posted while men were “relaying or repairing the track”
Held: The House of Lords interpreted the phrase literally and so because the dead man had been maintaining the track not repairing or relaying, the widow wasn’t entitled to compensation.
Fisher v Bell [1960]
Facts: a shopkeeper displayed in his window a flick knife labelled with a price ticket. He was prosecuted under the Restriction of Offence Weapons Act 1959 as the statute states that it is an offence to “offer for sale” such an item.
Held: the court said the phrase “offer for sale” was to be taken literally; in accordance with its meaning in contract law. D’s display of the weapon amounted to no more than inviting an offer. The man was acquitted and a new act had to be passed as a result
Advantages of the Literal Rule?
Respects the fact that parliament is our democratic law making body, upholds the will of parliament.
It embalms anyone who can read/speak English to understand the law. This rule therefore provides access to justice to all citizens.
It provides certainty in the law and enables lawyers to be able to advise clients. It therefore also provides fairness in as much as everyone in similar circumstances are treated equally.
Disadvantages of the Literal Rule?
Fails to recognise the complexity of the English Language - words can be ambiguous, therefore may not be appropriate.
It’s use therefore sometimes leads to an absurdity and injustice for example Beeriman(woman who claimed compensation)
May not uphold the will of parliament because the wording in an act could have not been expressed in the way parliament intended
A literal interpretation could result in an outcome parliament didn’t intend. We can use the example of Whitely v Chapell [1968]
What is the Golden Rule?
Modification of the literal rule. It is used only where using the literal rule would lead to an absurdity which parliament couldn’t have intended.
There are two types; broad and narrows.
What is the narrow approach? ( Golden rule )
This is used only when the word/phrase in question is ambiguous and using one of its literal meanings would lead to an absurdity, the judge will use the other literal meaning which does not lead to an absurdity.
Example cases for the narrow approach ( Golden rule )
Adler v George (1964)
Facts: A protester, D was charged under the Official Secrets Act 1920 with ‘obstructing a member of the armed forces in the vicinity of a prohibited place’. The d argued that ‘in the vicinity’ meant ‘near to’ whereas the obstruction had actually occurred inside the prohibited place itself ( it was an Air Force base )
Held: The court ruled that while in the vicinity often refers to being near to, in this case ‘in the vicinity’ also meant ‘in’. Parliament could not have intended to create an offence of simply being near to a prohibited place but not being actually in the prohibited place.
R v Allen (1872)
Facts: it is an offence to marry another while being married. D claimed he could not have married another while being married as the second marriage was not legally valid he argued that he merely went through a marriage ceremony.
Held: the court ruled that ‘being married’ included going through a marriage ceremony. D was found guilty.
What is the broad approach? ( Golden rule )
The broad approach is where the word has only one meaning but its application would be unacceptable. For policy reasons, the court will modify the word in the statute in order to rectify the problem.
Examples cases for the broad approach? ( Golden Rule )
Re Sigsworth [1935]
In this case the court ruled that a son who murdered his mother could not benefit from his crime. (And so neither could his beneficiaries) dispute the law being clear, the court wasn’t prepared to use the literal meaning instead the court used the golden rule, broad approach, when interpreting the Estates Act 1925, as the use of the literal rule would have resulted in an absurdity.
Advantages of the golden rule?
Prevents absurdities and injustice sometimes caused by the literal rule, e.g Berriman.
How many acts pass each year?
60-70
