Statutory Interpretation Ch5 Y1

Question 1

what are the three rules for statutory interpretation?

Answer 1

Literal Rule
Golden Rule
Mischief Rule

Question 2

what is the literal rule?

Answer 2

when the definition from the oxford english dictionary from the year the act was passed is used

Question 3

what case(s) illustrate the literal rule being used?

Answer 3

Whiteley v Chappell
or
LNER v Berriman

Question 4

what is the golden rule?

Answer 4

using the literal rule, but the court can avoid an interpretation which would lead to an absurd or repugnant result.

Question 5

What case(s) illustrate the golden rule being used

Answer 5

Adler v George
or
Re Sigsworth

Question 6

What is the mischief rule?

Answer 6

where the court looks at why the law was introduced (ie, the mischief it was designed to cure) the courts then apply the law in line with that

Question 7

What case(s) illustrate the mischief rule being used?

Answer 7

Smith v Hughes
or
Eastbourne council v Stirling

Question 8

What is the purposive approach to statutory interpretation?

Answer 8

Where judges decide what parliament meant to achieve , and apply it in that way

This goes further than the mischief rule as the judges are deciding parliaments intentions

Question 9

What case(s) illustrate the purposive approach being used?

Answer 9

R v ex parte smith
or
Quintavalle

Question 10

what are classed as internal aids when interpreting legislation?

Answer 10

things within the statute itself

long title
short title
preamble

Question 11

What are classed as external aids when interpreting legislation?

Answer 11

Previous acts on the same topic
historical setting
earlier case law
dictionaries of the time

Hansard
Law reform reports

Question 12

What is Hansard

Answer 12

using debates in parliament to help interpret legislation

Question 13

What case allowed hansard to be used in statutory interpretation?

Answer 13

Pepper v Hart

Question 14

How does the Human rights act affect interpretation?

Answer 14

All legislation must be compatible with the rights listed within the human rights act

Question 15

What case(s) illustrate that the human rights act can affect statutory interpretation?

Answer 15

Mendoza v Ghaidan
or
Fisher v Bell

Question 16

What are the advantages of using the literal rule?

Answer 16

Follows the exact words parliament used
Creates certainty in law
Easier to know what the law is

Question 17

What are the disadvantages of using the literal rule?

Answer 17

assumption of perfectly worded legislation
words can have more than one meaning
Unjust decisions

Question 18

What are the advantages of using the golden rule?

Answer 18

provides an escape route if there is a problem with the law
can achieve sensible decisions

Question 19

What are the disadvantages of using the golden rule?

Answer 19

very limited use
no certainty as to if it may be used

Question 20

What are the advantages of the mischief rule?

Answer 20

Promotes the laws purpose
Likely to produce a just result
try to interpret the law in the way parliament meant it to work

Question 21

what are the disadvantages of using the mischief rule?

Answer 21

judicial law making
judges implementing their own views
leads to uncertainty
no certainty as to when its used

Question 22

What are the advantages of using the purposive approach?

Answer 22

justice in individual cases
allows the law to cover all situations
allows more discresion that the literal meaning, avoiding absurd rulings

Question 23

What are the disadvantages of using the purposive approach

Answer 23

judges refusing to follow the clear words of parliament
how can a judge know what parliaments intentions were?
uncertainty in law