Statutory Interpretation except purposive approach and aids to SI Flashcards
(14 cards)
What is statutory interpretation?
The process where judges determine the meaning of words in an Act of Parliament
What is the need for Statutory Interpretation?
Laws may be ambiguous or vague
Words may change in meaning over time
Parliament may make errors in drafting
Laws need to be applied to new and unforeseen situations
What is the Literal Rule
Judges interpret words from their Oxford English definition, even if it leads to an absurd outcome
Case: Whitely v Chappell: The defendant was acquitted because the law referred to a “person entittled to vote”, and a dead person is not entittled.
Advantages of the Literal rule
Respects Parliamentary sovereignty
Ensures legal certainty and predicatbility
Disadvantages of the Literal Rule
Can lead to absurd or unjust outcomes
Assumes all laws are perfectly drafted
Words may have multiple meanings
What is the Narrow Approach for the Golden rule?
If a word has multiple meanings, judges choose the one that avoids absurdity
Case: Adlerv George - “in the vicintity of” was interpreted to include “inside” a prohibited place
What is the Wide Approach for the Golden Rule?
Judges modify the meaning of a word to avoid a repugnant result.
Case: Re Sigsworth - A murderer was prevented from inheriting his victim’s estate
Advantages of the Golden Rule
Prevents unjust or absurd outcomes.
Provides some flexibility while still respecting Parliament’s intention.
Disadvantages of the Golden Rule
Judges may exercise too much discretion
Uncertainty in the law as judges decide themselves what is “absurd”
What three questions should judges consider when applying the Mischief Rule?
What was the law before the statute was passed?
What was the problem, or “mishcief” the statute was trying to remedy?
What was the remedy Parliament was trying to provide?
What is a case for the Mischief?
Smith v Hughes - Prostitutes soliciting from balconies were convited under the Street Offences Act because the law was meant to prevent the public being harassed
What are the advantages of the Mischief Rule
Helps achieve Parliament’s intention
Allows law to adapt to changning situations
What are the disadvantages to the mischief rule?
Increase judicial law-making - undemocratic
Can create uncertainty in how laws are applied
Can be hard for judges to know what parliament at the time wanted to achieve
