Statutory interpretation Flashcards
State the need for statutory interpretation
– A broad term: there may be words designed to cover several possibilities and it is left to the user to judge what situation fall within it
– Ambiguity: a word may have two or more meanings and it may not be clear which meaning should be used
– A drafting error: the Parliamentary Council the originally drafted the bill may have made an error that was noticed by Parliament more likely to occur where a bill has been amended several times
– New developments: new technology may mean an old act does not cover present-day situations
– Changes in the use of language: the meaning of words can change over the years
explain the literal rule
case example
The literal rule says that the intention of Parliament is best found in the ordinary natural meaning of the words. Under this rule the courts will give the words the plain and ordinary or literal meaning even if the result is absurd
London and North Eastern Railway co-the Berriman 1946 - husband injured whilst re-oiling tracks. wasn’t provided a look out as he was not considered to be repairing or relaying the tracks = absurd
State the advantages of the literal rule
Advantages:
– judges are using the will of Parliament which makes it democratic
– literal makes cases predictable
– the result is certain so lawyers can devise their client on the likely outcome meaning there is likely to be less litigation
– respect the theories of separation of powers and supremacy of Parliament
State the disadvantages of the literal rule
– Judges may not be able to provide justice to some individuals
– the role assumes that the act is perfectly written but English is often unclear
– Parliament may not be able to create an act covering all possible issues
– it is possible for Parliament to rectify error following cases which will be expensive and time-consuming
– following the law literally may cause morally incorrect outcomes
what is the golden rule
this rule says that if the literal rule produces an absurdity the court should look for another meaning of words to avoid this result
narrow application – allowed to choose between the possible meanings of the word or phrase if there is only one meaning then that meaning must be taken. Adler v George (1964) defendant was obstructing her majesties forces, wording interpreted ‘in the vicinity’ he argued he was IN he was in not in the vicinity outcome defendant was found guilty
wide application – under the wider application is where the words have only one clear meaning but that meaning would lead to an unacceptable result in this case the court will use the golden rule to modify the words of the statute to avoid this problem (Re Sigsworth- son murdered his mum he was been her ‘issue’ to inherit. No ambiguity but couldn’t let him be rewarded for his murder.
What is the mischief rule
The definition comes from the Heydons case (1584) where it was said that 4 points should be considered when interpreting:
-what was the common law before the Act
-what was the problem with the common law
-how did Parliament aim to amend it
-what was the reason for the amendment
Smith V Hughes - women soliciting sex work from balconies however they weren’t literally breaking the law as they weren’t in a ‘street or public place’. However the mischief rule looked into what the act aimed to prevent and convicted the women
Royal college of nursing v DHSS- aimed to avoid backstreet abortions not to prevent nursing from administering abortions.
Stat advantages of the mischief rule
- closes loopholes
- allows the law to develop and adapt to changing needs
- Judges have greater flexibility
- some judges may argue that they are respecting Parliaments wishes by giving effect to the true intention despite using a degree of discretion
- The law of commission recommends it and believes it should be the only one used out of the three
State disadvantages of Goldn rule
- agives judges law making role infringing the separations of powers theory
- Judges can bring their own views, sense of morality and prejudices to the case
- Reliance in extrinsic aids (hansard)
what is the unified approach
Proposed by Sir David Rupert cross the unified approach applies or three rules
first starting with the literal rule and if it results in an absurdity he moves on to the golden rule in the narrow approach and then moves on to the mischief rule this approach relies heavily on various aids and presumptions
What is the purposive approach
The purposive approach goes beyond the powers of the mischief rule because its not just looking for what the gap was in the old legislation. Judges decide what they believe Parliament meant to achieve. what the purpose was for the act.
Lord denning said “we sit to find the intention of Parliament and carry it out”
R v secretary of state 2003 - ‘embryo means a live human embryo where fertilisation is complete’ - held that the cloned embryos were covered by the statute. (pro life alliance)
State the advantages of purposive approach
- leads to justice in individual cases
- allows for new development in technology
- avoids absurd decisions
State the disadvantages of purposive approach
- difficult to find parliaments intentions
- allows judges to make law (undemocratic)- as they are deciding what they think the law should be rather than using the direct words of parliament .
- leads to uncertainty in the law(impossible to know when judges may use this approach making it diffuse for lawyers to predict outcomes for their clients)
what is the ejusdem genris rule
This states that when there is a list of specific words followed by general words then the general words should be interpreted in relation to the specific words.
Hobbs v CG Robertson ltd- injured eye when bricklaying. words of the act said that if a workman was ‘stone concrete, slag or similar materials’ then they must be provided goggles. it was ruled that brick is not a similar material and so no compensation was allowed
what is expressio unius exclusio alterius
where there is a list of words which is not followed by general words them act applies only to the items in the list
Tempest V kilner- wanted to see if the sale of stocks over £10 needed to have evidence in writing. ‘goods, wares and merchandise’ because stocks and shares weren’t mentioned they were not caught by the statute.
What is Noscitur a sociis
this means that the words must be looked at in context and interpreted accordingly involves looking at other words in the same section or other sections in the act.
Inland revenue commissioners v frere- The case involved interpreting a section which set out rules for ‘interest, annuities and other annual interests’. because of the words are the annual interest in the section the court decided the interest only meant annual interest
