Statutory Interpretation

Question 1

What is the role of the courts?

Answer 1

To decide what parliament meant by the words used in a statute

Question 2

What are the four methods used to interpret statutes?

Answer 2

• Literal Rule
• Golden Rule
• Mischief Rule
• Purposive Approach

Question 3

What is the literal rule?

Answer 3

When judges give words in statutes their ordinary and natural dictionary meaning, even if it results in an absurd outcome

Question 4

What is the case example for when the literal rule caused an absurd outcome?

Answer 4

Whiteley V Chappell

Question 5

What was the phrase being interpreted in Whiteley V Chappell?

Answer 5

‘Entitled to vote’

Question 6

What was the outcome of Whiteley V Chappell?

Answer 6

The court held that D was not guilty of impersonation since a dead person is not ‘entitled to vote’

Question 7

What is Fisher V Bell a case example of?

Answer 7

Where words have a technical legal meaning, then under the literal rule, this will be used

Question 8

What was the phrase being interpreted in Fisher V Bell?

Answer 8

‘Offer for sale’

Question 9

What happened in Fisher V Bell?

Answer 9

D put a flick knife in a shop window with a price tag. The court held that putting something in a shop window is not an ‘offer for sale’ so D was not guilty

Question 10

What are the advantages of the literal rule?

Answer 10

• it respects the supremacy of parliament and leaves law-making to those elected for the job
• it encourages certainty
• it leads to a predictable result
• it draws faulty legislation and loopholes to attention

Question 11

What are the disadvantages of the literal rule?

Answer 11

• it can lead to absurd outcomes
• words can have more than one meaning
• the meanings of words can change over time

Question 12

What is the golden rule?

Answer 12

A modification of the literal rule and may be used if a judge considers that the literal rule would lead to an absurd outcome

Question 13

What is the narrow way golden rule?

Answer 13

Where words are capable of having more than one meaning, the meaning that is least absurd is used

Question 14

What is the case example of the narrow way golden rule?

Answer 14

Adler V George

Question 15

What was the phrase being interpreted in Adler V George?

Answer 15

‘In the vicinity of’

Question 16

What happened in Adler V George?

Answer 16

D was protesting inside an RAF base, the court held that ‘in the vicinity of’ could mean ‘near to’ or ‘within’ so D was guilty of obstructing the armed forces

Question 17

What is the wider way golden rule?

Answer 17

The golden rule is used to modify clear words in a statute to avoid absurdity

Question 18

What is the case example of the wider way golden rule?

Answer 18

Re Sigsworth

Question 19

What happened in Re Sigsworth?

Answer 19

A son murdered his mother who hadn’t made a will. The wide way golden rule modified the clear wording of the Act to prevent the son from inheriting his mother’s estate

Question 20

What are the advantages of the golden rule?

Answer 20

• prevents absurdity and injustice
• put into practice what Parliament really meant by the statute
• allows judges to choose the most sensible meaning

Question 21

What are the disadvantages of the golden rule?

Answer 21

• different judges may have different views
• uncertainty so it’s difficult for a lawyer to advise their client
• unelected judges could be seen as making the law which is undemocratic
• limited in use, only used on rare occasions

Question 22

What case lays out the mischief rule?

Answer 22

Heydon’s Case

Question 23

What four factors should judges consider when interpreting a statute according to the mischief rule?

Answer 23

• what was the common law before the statute
• what problem is the statute trying to remedy
• what was the remedy proposed by parliament
• what was the true reason for that remedy

Question 24

What are the case examples of the mischief rule?

Answer 24

• Smith V Hughes

* Royal College of Nursing V DHSS

Question 25

What was the phrase being interpreted in Smith V Hughes?

Answer 25

‘In a street or public place’

Question 26

What happened in Smith V Hughes?

Answer 26

Prostitutes were attracting attention from a balcony and a window. They were convicted as the mischief aimed at by the statute was to enable people to walk down the streets without being harassed by prostitutes.

Question 27

What was the phrase being interpreted in Royal College of Nursing V DHSS?

Answer 27

‘Registered medical practitioner’

Question 28

What happened in Royal College of Nursing V DHSS?

Answer 28

Judges allowed nurses to carry out abortions as the statute was to stop illegal abortions where no medical care was available

Question 29

What are the advantages of the mischief rule?

Answer 29

• avoids absurd and unjust outcomes
• makes sure that a gap in the law is remedied
• follows the will of parliament
• promotes flexibility

Question 30

What are the disadvantages of the mischief rule?

Answer 30

• Relies on being able to find out what mischief parliament were trying to remedy
• law-making of unelected judges
• less suited to the quantity and complexity of modern legislation as Heydon’s Case was in the 16th century when there were fewer statutes

Question 31

What is the purposive approach?

Answer 31

Requires the court to work out the general purpose of parliament in passing the act and then interpret the act to fulfil that purpose

Question 32

What are the case examples of the purposive approach?

Answer 32

• Coltman V Bibby Tankers

* R V Registrar-General, Ex Parte Smith

Question 33

What was the phrase being interpreted in Coltman V Bibby Tankers?

Answer 33

‘Equipment’

Question 34

What happened in Coltman V Bibby Tankers?

Answer 34

A statute imposed liability on an employer for the death of an employee caused by defective equipment. V died when a ship he was working on capsized because it had a defective Hull. The court had to decide whether a ship was ‘equipment’. Judges held that ‘equipment’ could include a ship so the company were liable because the general purpose of the act was to make the employer liable for harm caused by defects in anything provided by the employer

Question 35

What happened in R V Registrar-General, Ex Parte Smith?

Answer 35

D was a violent murderer who had mental health problems. He tried to find his birth mother which he was entitled to do under the Adoption Act 1976. The court held that it would go against the general purpose of the statute to provide information to someone who might use it to cause harm

Question 36

What are the advantages of the purposive approach?

Answer 36

• avoids absurd and unjust outcomes
• respects the wishes of parliament
• promotes flexibility
• enables the law to be kept up to date

Question 37

What are the disadvantages of the purposive approach?

Answer 37

• enables unelected judges to make law
• creates uncertainty
• argues that it’s impossible to know the general purposes of parliament and that only the words used in the statute can show what parliament wanted
• less suited to more precise and detailed legislation

Question 38

What are internal aids?

Answer 38

Clues within the statute that may help make its meaning clearer

Question 39

What are examples of intrinsic aids?

Answer 39

• The short and long title of the statute
• Definition sections
• Schedules
• The preamble

Question 40

What do schedules do?

Answer 40

Give extra detail required by earlier parts of the statute

Question 41

What is the preamble?

Answer 41

Introduction to the statute

Question 42

What are extrinsic aids?

Answer 42

Materials which are outside a statute

Question 43

What are examples of extrinsic aids?

Answer 43

• Dictionary
• Law reform report
• The Interpretation Act 1978
• Hansard
• An international treaty

Question 44

Which approach does the European Union prefer to use?

Answer 44

Purposive approach