Statutory Interpretation Critical Evaluation

Question 1

What are two advantages of the literal rule?

Answer 1

1. The literal rule respects parliamentary sovereignty

2. Judges take the ordinary and natural meaning of what it is that parliament have said

Question 2

What are two disadvantages of the literal rule?

Answer 2

1. Unjust and absurd results can be found, as seen in past cases that used this rule
2. It has been argued that the literal rule should be used with caution - Lord Steyn

Question 3

What are two advantages of the golden rule?

Answer 3

1. The golden rule is a compromise between the literal and mischief rule
2. The judge only changes the word in the slightest as to gain a satisfactory result, as seen in past cases

Question 4

What are two disadvantages of the golden rule?

Answer 4

1. The rule gives too much power to judges and can lead to inconsistency, for example, what one judge might consider to be ‘absurd’ another might not
2. A judge might use this rule to gain a result that they so desire as seen in Adler v George

Question 5

What are two advantages of the mischief rule?

Answer 5

1. This rule gives judges more flexibility when deciding what ‘mischief’ parliament intended to remise
2. A judge can ignore the wording of a statute to reach a desired result

Question 6

What are two disadvantages of the mischief rule?

Answer 6

1. It disrespects parliamentary sovereignty

2. It gives too much power to judges as they can interpret the law how they want and so can lead to inconsistency

Question 7

What are two advantages of the purposive approach?

Answer 7

1. This approach is more modern and European in style

2. This approach interprets law in a way such that it is compatible with today’s society

Question 8

What are two disadvantages of the purposive approach?

Answer 8

1. This approach does not respect parliamentary sovereignty
2. Gives judges too much power as they are unelected and so this can lead to inconsistency as judges might have different opinions on what might be parliament’s intentions

Question 9

What did Lord Esher say in 1892 in support of the literal rule?

Answer 9

“The court has nothing to do with the question of whether the legislature has committed an absurdity”

Question 10

What did Viscount Dilhorne say in 1971 in support of the literal rule?

Answer 10

“If the language is clear and explicit the court must give effect to it […] the words of the statute must not be changed by the judges, but reform of the law must be left in the hands of parliament”

Question 11

What did the Law Commission say in 1969 against the literal rule?

Answer 11

Using the literal rule “assumes unattainable perfection in draftsman ship”

Question 12

What did the Law Commission say in 1969 against the golden rule?

Answer 12

There is no clear definition of what will constitute an “absurd result” and what will not

Question 13

Who supported the mischief rule?

Answer 13

Professor Zander, the 1969 Law Commission and Lord Denning

Question 14

What did Lord Denning say in 1952 in support of the purposive approach?

Answer 14

In the case of Magor and St Mellons v Newport Corporation, Lord Denning said “we sit here to find out the intention of parliament and carry it out, and we do this better by filling in the gaps and making sense of the enactment

Question 15

How does Fitzpatrick v Stirling Housing Association Ltd support the purposive approach?

Answer 15

In this case, the judge took a purposive approach to form their decision and in doing so, they promoted the rights of same sex couples. This was before the Human Rights Act came into force.