statutory interpretation 8+12 markers

Question 1

what are the possible 8 markers?

Answer 1

-Explain the literal rule of statutory interpretation
-Explain the Golden rule of statutory interpretation
-Explain the mischief rule of statutory interpretation
-Explain what is meant by the Purposive Approach
-Explain different intrinsic aids of statutory interpretation
-Explain different extrinsic aids of statutory interpretation
-Explain internal and external aids of statutory interpretation

Question 2

what are the possible 12 markers?

Answer 2

-Discuss the advantages and disadvantages of the literal rule
-Discuss the advantages and disadvantages of the golden rule
-Discuss the advantages and disadvantages of the mischief rule
-Discuss the advantages and disadvantages of the purposive approach

Question 3

Explain the literal rule of statutory interpretation

Answer 3

-the literal rule is used when the judges are trying to decide what a work means in a statute
-they will then apply the dictionary meaning of the word to the statute, even if this results in an absurd result
-this is seen in Cheeseman v DPP and LNER v Berriman

Question 4

Explain the Golden rule of statutory interpretation

Answer 4

-the golden rule is where courts look at the literal meaning of the word like in then literal rule, but if applying this meaning would result in an absurd result, then they can use wither the broad or narrow approach
-the narrow approach is where if a phrase has 2 or more meanings, the judge will choose to apply the most appropriate meaning, as seen in R v Allen
-the broad approach is where if the word only has 1 meaning, they can choose to modify the meaning of the word, like in Re Sigsworth

Question 5

Explain the mischief rule of statutory interpretation

Answer 5

-in the mischief rule, judges look into why the statute was created in the first place, and what mischief it was designed to remedy
-they then make decisions on this statute based around what would help to remedy this mischief the best
-Heydons case, Smith v Hughes, Royal College of Nursing v DHSS

Question 6

Explain what is meant by the Purposive Approach

Answer 6

-in this approach, judges consider the purpose of creating this act, and find out what parliament were trying to achieve by this rule
-this rule can help to avoid absurd outcomes as they consider what this was trying to achieve in the first place and apply the law based on those facts
-Jones v Tower boot
-R v Register General ex parte smith

Question 7

Explain different intrinsic aids of statutory interpretation

Answer 7

-intrinsic aids are things that are found inside of an act/statute
-these can be things like;
.short title - name of act and date in which they were passed - DPP v Cheeseman
.long title
.headings
.marginal notes - notes that give a summary and explain how the act should be used - Oxford v Moss
.definitions section - define key words -Montilla

Question 8

Explain different extrinsic aids of statutory interpretation

Answer 8

-extrinsic aids are things that are found outside of an act/statute and that can help apply/understand the law
-these can be things like;
.dictionary - DPP v Cheeseman
.law commission reports - reports that explain problems with old law - DPP v Bull, Black-Clawson international ltd v Papierwerke
-hansard - this is a record of all proceedings in Hoc and Hol including when a bill is being debated - david v johnson
-Pepper v Hart says that hansard can be used when;
.the words of an act are unclear and would lead to an absurdity
.there is a statement in hansard relating to the statute
.this statement would resolve ambiguity
-The interpretation Act 1978 also gives guidance on how to interpret other statutes

Question 9

Discuss the advantages and disadvantages of the literal rule

Answer 9

ads;
-simple
-quick
-avoids uncertainty as the court always apply the actual definition of the word
-respects parliamentary supremacy as it follows the exact wording of parliament
-respects separation of powers as judges won’t have the power to change the law
dis;
-leads to absurdity
-judges may disagree with the literal meaning of the word
-assumes that the law is perfect
-does not allow for judicial creativity

Question 10

Discuss the advantages and disadvantages of the golden rule

Answer 10

ads;
-avoids absurdity
-puts parliaments true intentions into effect
-applies to words with multiple meanings
-allows for judicial creativity
dis;
-creates uncertainty
-erodes parliamentary supremacy
-the narrow approach is inflexible
-does not respect parliamentary supremacy

Question 11

Discuss the advantages and disadvantages of the mischief rule

Answer 11

ads;
-avoids absurds decisions
-achieves parliaments true intentions
-promotes flexibility within the law
-allows for judicial creativity
dis;
-creates uncertainty
-erodes parliamentary supremacy
-goes against separation of powers
-limited to fixing one problem at a time as judges can only use it to fix the problem in the old law

Question 12

Discuss the advantages and disadvantages of the purposive approach

Answer 12

ads;
-avoids absurd decisions and outcomes
-achieves parliaments true intent
-allows for judicial creativity
-promotes flexibility in the law
dis;
-creates uncertainty
-erode parliamentary supremacy
-goes against parliamentary supremacy
-can be time consuming for judges to use