Statutory Interpretation Flashcards
What is a major problem the UK Court must face on a regular basis?
Enforcing parliaments intention’s - some English words have varied meanings
What are the three rules of interpretation?
Literal Rule
Mischief Rule
Golden Rule
What is the definition of the literal rule?
Words are given there true, plain and natural meaning.
What happened in Whiteley V Chappell 1868 (Literal Rule)
An act made it an offence to impersonate any person entitled to vote in the name of a deceased person. Court held no offence had been committed, under the literal Rule any person does not include dead people.
What happened in London and north eastern railway v Berriman 1946?
Man died oiling railway tracks. Statute provided compensation for workers killed relaying or repairing railway track, did not constitute to oiling held under literal Rule.
Define the Golden Rule:
The golden rule is an extension to the literal Rule in which words are given there plain ordinary meaning to an extent in which it would not create an absurdity. (allows courts to avoid)
What are the two approaches taken when using the Golden Rule?
The Narrow and Broad approach
What is the narrow approach?
When a word has more than one literal meaning, the narrow approach allows the judge to choose the meaning that avoids absurdity.
What case defines the narrow approach?
Allen 1872 - man was already married and tried to marry woman’s niece. Illegal to marry twice, D claimed innocent as second marriage voided. Court held that being married meant validly married and shall marry meant go through a marriage ceremony in which Allen had done.
What is the broad approach?
The broad approach allows judges to modify words meanings if it only has one literal meaning and to use it would cause absurdity
What case best explains the broad approach?
Adler V George 1964 -
D charges under official secrets act 1920 for obstructing a member of the armed forces in the vicinity of a prohibited place - d held he was in not in the vicinity, court held vicinity also meant to include ‘in’
What is the mischief rule?
The mischief rule is used to look at the gap in the law that parliament felt necessary to fill from passing the act.
What is the four main things a court should consider when using the mischief rule established by Heydons case 1584?
1) what was the common law before the act was passed?
2) What was the defect or Mischief for which the common law did not provide a remedy?
3) What remedy does the act attempt to provide to cure the defect?
4) What is the true reason for the remedy?
What happened in Smith v Hughes 1960?
Prostitutes were harassing members of the public. Balcony held as private place but was still in public so held as private under mischief rule.
Stop prostitutes soliciting in a public place.
What happened in Corkery v Carpenter 1951
Offence to be driving drunk whilst in charge of a vehicle - d in charge of bike. Under mischief held as vehicle.
