Statutory Interpretation ELS PAPER 1

Question 1

Definition of SI

Answer 1

The process by which courts interpret and apply legislation

Question 2

Ways in which acts of parliament might be inclear

Answer 2

Uses broad terms
Ambiguity 
A drafting error
New developments since the act
Changes in the use of language

Question 3

Literal rule definition

Answer 3

Judge gives words their plain, ordinary, dictionary meaning even if the result isn’t sensible

Question 4

Cases of literal rule

Answer 4

Whitely v chappell

London and north eastern railway co v berriman

Question 5

Whitely v chappell

Answer 5

Charged for impersonating any person entitled to vote

D was acquitted as he impersonated a dead person

Applying the dead person rule, a dead person is not entitled to vote

Question 6

London and north eastern railway co v berriman

Answer 6

Wife was unable to claim compensation

Husband was killed while carrying out maintenance ok the track.

Statute said that a lookout should only be given if they are relaying or repairing the track

So they was not given compensation as he was only maintaining the track

Question 7

Advantages of literal rule

Answer 7

Democratic- follows The wording of Parliament and prevents unelected judges from making law

Makes the law more certain- easier to predict how the judge will interpret the law. Stops time wasting in court

Question 8

Disadvantages of literal rule

Answer 8

Can lead to absurd results- whitley v chappell - absurd that someone guilty of impersonating a live person but not if impersonating a dead person parliaments intention was to stop all electoral fraud

Can lead to unjust results- london and north eastern railway co. V berriman- unfair that Mrs Berryman did not get compensation clearly just as much needed for a lookout when maintaining a track and repairing/relaying

Question 9

Golden rule

Answer 9

Judges should use the literal unless it produces an absurd result then use the golden rule

Question 10

Types of golden rule

Answer 10

Narrow golden rule

Wide golden rule

Question 11

Narrow golden rule

Answer 11

Only use when there is more than one meaning of the word- chosen on what meaning avoids an absurd result

Jones v dpp

Question 12

Wide golden rule

Answer 12

Use the rule even if there is only one meaning of the rule but following the literal rule would produce a absurd or repugnant situation

Question 13

R v allen

Narrow golden rule

Answer 13

D married someone else whilst in a marriage already. (Bigamy)

D argued not guilty as his second marriage was not void

Court held that to marry had two meanings- being validly married and going through a marriage ceremony

Court chose the 2 nd meaning as he had gone through the marriage ceremony and was found guilty

Question 14

R v sigsworth

Wide golden rule

Answer 14

Son murdered his mother. Mother hadn’t made a will so he would inherit all her belongings and the estate

If the literal rule was followed the murderer son would have inherited. The court wasnt going to let him benefit from the crime so the golden rule was used to avoid a repugnant outcome

Question 15

Advantages of golden rule

Answer 15

Respects the words of parliament- allows wording to be altered in very limited situations

Allows judges to make sensible decisions- use of narrow rule in r v allen avoided a absurd outcome and the wide rule in r v sigsworth avoided a repugnant outcome

Question 16

Disadvantages of golden rule

Answer 16

Unpredictable and lacks guidelines- michael zander “an unpredictable safety valve” due to lack of guidelines. Rule provides no clear definition of what absurdity means

Not much use- michael zander “a feeble parachute” can’t be used in cases like berriman although the situation could be seen as unfair it was not absurd or repugnanty

Question 17

Mischief rule

Answer 17

Heydon’s case 1584

Should consider the:
Common law before
Mischief that the act was designed to remedy
What was the remedy that parliament was trying to provide
What was the reason for the remedy

Judges should look out for the mischief the act was intended to remedy and interpret the act in such a way that a way that a remedy is achieved

Question 18

Smith v hughes

Mischief rule

Answer 18

Street offences act 1959 prohibited “soliciting in the street”.

Court considered case of women soliciting from balconies and windows and roof this as included in a definition of in the street

the mischief the act was trying to prevent was people in the street being harassed by prostitutes they were still being harassed even though the prostitutes were not on the streets

Question 19

Royal college of nursing v dhss

Mischief rule

Answer 19

Abortion act 1967- pregnancies had to be terminated by a registered practitioner

Court considered whether this included nurses and ruled that it did

The mischief that parliament was trying to prevent was illegal backstreet abortions

Having nurses do the procedure doesn’t interfere with this

Question 20

Advantages of mischief rule

Answer 20

Fulfills the purpose of the law- smith v hughes - parliaments intention was to stop prostitutes from being a nuisance to others whether they were literally on the street or notLaw commission 1969-a rather more satisfactory approach

More likely to produce just results-find a remedy With avoiding it and just results like London and North Eastern Railway co V Berriman - mischief of railway workers not being protected and the act would be interpreted to include maintenance

Question 21

Disadvantages of mischief rule

Answer 21

Undemocratic- gives too much power for Unelected judges. Smith V Hughes-if Parliament had intended the straight offences act to apply to prostitutes in houses it would have said so-the democratic solution would be for Parliament to pass and amending act

Uncertainty- if judge changes the meaning of a statute there will be no certainty in outcome of cases-stock V Frank Jones- ordinary citizens and their advisors hardly know where they stand-waste time in courts

Question 22

Purposive approach

Answer 22

Court look for the purpose of the act and interpret the act in such a way that the purpose is achieved

Modern day version of the mischief rule but judges have even more freedom

Question 23

R v registrar general ex parte smith

Purposive approach

Answer 23

Adoption act 1976 Allowed people Who had been adopted to find out the identity of their natural parents it was clearly not Parliament‘s purpose to allow people to obtain their information if they posed as a threat to the parent.

The defendant had already committed to murders and was mentally ill and posed a risk to his mother so court felt Parliament would have wanted his mother to be protected

Question 24

Jones V tower boot company

Purposive approach

Answer 24

Race relations act-anything done by a person in the course of his employment shall be treated as done by his employer.

Jones had been the victim of racial harassment by fellow workers tower boot company tried to claim this behaviour was not in the course of employment as such behaviour was not part of their job

Court decided that racial harassment by fellow workers was in the course of employment making the employer liable

Question 25

Advantages of the purposive approach

Answer 25

More likely to produce just results-avoid and just results like London and North Eastern Railway co V berriman -purpose of act to protect railway workers and the act would be interpreted to include maintenance

Avoids absurd decisions-judges can avoid the literal meaning of words if they create an absurd situation-Whitley V Chappell- if the purposive approach was used judges would’ve decided that parliaments intention was to prevent voter fraud and would find the guilty of impersonating a dead person

Question 26

Disadvantages of the purposive approach

Answer 26

Undemocratic-too much power for unelected judges are V registrar general X pate Smith-if Parliament had intended the Adoption act 1976 to have restrictions it would’ve included these

Uncertainty-if judges change the meaning of a statute there will be no certainty in the outcome stock v frank jones - ordinary citizens and thier advisors hardly know where they stand

Question 27

Internal aids to SI

Answer 27

Found in the act itself

Question 28

Long/short title of the act

Answer 28

Abortion act 1967-long in title includes the words registered medical practitioners -used by judges in Royal College of nursing of the United Kingdom V DHSS

Question 29

Marginal notes and headings

Answer 29

Some sections of the act may have headings and marginal notes usually added by the person drafting the act- r v tivnan - used marginal notes for clarification

Question 30

Interpretation sections

Answer 30

Contained in some acts for example S.10 theft act 1968- refers to the weapon of offence then defines it as any article made or adapted for use for causing injury

Question 31

Extenal aids or SI

Answer 31

Found outside the act

Question 32

Dictionaries

Answer 32

Published at the time the act was made

Cheeseman V DPP- Dictionary from 1847 was used to decide the meaning of passengers

Question 33

Previous acts of Parliament and earlier caselaw

Answer 33

Court can interpret their words used in the act by referring to similar words used in an earlier act and the way that these were interpreted

Question 34

Law reform reports

Answer 34

From bodies such as the law commission-courts were not allowed to use Laura form reports for interpretation until black cawson case and since increase in the use of a purposive approach

Question 35

Effects of EU law

Answer 35

Purposive approach is the approach used in the most European countries, used in the European Court of Justice

bulmer ltd v j bollinger SA- UK judges must look at the purpose and intense of EU legislation

Question 36

Effects of the human rights act on a purposive approach in the UK

Answer 36

S.3 human rights act 1988-legislation must be interpreted to be compatible with European convention of human rights

Mendoza V Ghaidan - Rents act 1977 had to be interpreted to conform with the European convention of human rights act