Statutory Interpretation Flashcards
Why do we need SI?
Because there are disputes over word meanings
What are the 5 reasons that meanings are unclear?
- Broad term - Dangerous dogs Act; what type of dog?
- Ambiguity - one word with 2+ meanings; which to use?
- Drafting error - mistakes can be made, unspotted by Parliament
- New developments - old Acts don’t cover present day situations
- Changes in language use - meanings of words can change over time
What are the 4 main common law rules/approaches to SI?
Literal rule
Golden rule
Mischief rule
Purposive approach
What is the Literal rule?
Judges giving words their plain, ordinary, dictionary meaning.
When should the Literal rule be used?
If words in an Act are clear, then you must follow them even though they lead to a manifest absurdity - Lord Esher
When was the Literal rule developed?
Early 19th Century
Facts of Whiteley v Chappel
Representation of People Act- offence to impersonate any person entitled to vote.
D voted in own name, and in name of deceased man who was still on voters list
Held of Whiteley v Chappel
Dead person not entitled to vote in literal meaning of the words.
Absurd- Impersonation
Facts of London & NER v Berriman
Railway worker killed while doing maintenance; oiling railway line. Fatal Accidents Act - A lookout should be provided for men working on/near the line for purposes of relaying/repairing it.
Held of London NER v Berriman
Literal meaning; oiling isn’t relaying/repairing.
Harsh decision
Disadvantages of the Literal rule
- Unfair/unjust results as the approach is too rigid; bad precedent for future cases.
- Assumes the Act is perfectly written; impossible to ensure every meaning is covered
- ‘Mechanical and divorced from the realities of the use of language’ Zander
- Judges make nonsense of the law; manifest absurdity
Advantages of the Literal rule
- Leads to certainty/predictability to the law; solicitors advises clients well
- Judges respect Parliament wishes; democratic
- Judges keep constitutional role in relation to law making
What is the Golden rule?
Modification of the Literal rule.
Judges interpret a word/phrase differently to its literal meaning to avoid absurdity
What is the Narrow application of the Golden rule?
The courts can only choose between possible meanings of words/phrases, using the least absurd meaning
Facts of Adler v George
Official Secrets Act- offence to obstruct a member of HM forces in vicinity of a restricted place.
D obstructed member inside airfield, which was restricted
Held of Adler V George
D guilty; ‘in the vicinity’ includes the restricted place to avoid absurdity
What is the Wider application of the Golden rule?
Only one clear meaning, but will lead to a repugnant situation. Courts use the rule to modify the word, not leading to absurdity
Facts of R v Sigsworth
Son murdered mother. Mother not made will so estate should go to next of kin, meaning the son would inherit.
Courts not prepared to allow benefit for crime; rule not applied
Held of R v Sigsworth
Golden rule used to prevent repugnant situation of son inheriting. Issue not entitled to inheritance where they killed the deceased.
Disadvantages of the Golden rule
- Ineffective check on Literal rule
- Uncertainty/unpredictability; impossible to know when the rule will be used
- May give to much judge discretion; against SoP
- Absurdity means different things to different judges
- ‘Unpredictable safety valve & feeble parachute’ Zander
Advantages of the Golden rule
- Escape route
- Prevents problems of Literal rule
- Avoids repugnant/ absurd outcomes
- Puts into practice Parliament intentions; avoids worst problems of Literal rule
- Only used in limited circumstances, respecting Parliamentary supremacy
What is the Mischief rule?
Gives judges more discretion in interpretation, allowing them to look beyond the word to find Parliament intent
What points did Heydon’s Case establish?
- What was the common law before the making of the Act?
- What was the problem which the common law didn’t provide?
- What solution did Parliament create?
- Courts should interpret the statute to make solution as effective as possible
When is the Mischief rule used?
To interpret new act to fill in gaps the previous act didn’t cover. Judges rely on extrinsic aids
