statutory interpretation flashcards
what is statutory interpretation?
it is the interpretation by judges of statutes created by parliament
who makes up parliament?
-house of commons
-house of lords
-the king
what are some examples of statutory interpretation acts?
-the theft act 1968
-the terrorism act 2000
-the equality act 2010
-the human rights act 1998
-the companies act 2006
why does statutory interpretation happen?
because sometimes statues are vague, confusing or poorly written
what problems may cause statutory interpretation to happen?
-a broad term
-ambiguity
-drafting errors
-changes in the use of language
-new inventions/technology
what are the 4 rules the judge will follow?
-the literal rule
-the golden rule
-the mischief rule
-the purposive approach
what is the literal rule?
-the judge will apply the dictionary meaning to the words in the statute, even if it creates an absurd result
what are the 2 cases for the literal rule?
-LNER v Berriman
-Cheeseman v DPP
what is the golden rule?
-it starts by looking at the literal meaning of the words in the act but if that would produce an absurd result, the court can either use the narrow approach or the broad approach
what is the narrow approach?
if a phrase has 2 or more meanings the judge will choose the most appropriate meaning to fit the case
what is the case for the narrow approach?
R v Allen
what is the broad approach?
where the word only has one literal meaning but using that meaning would produce an absurd result, the court can then modify the meaning of the word
what is the case for broad approach?
Re Sigsworth
what is the mischief rule?
where judges look at what problem the act created to stop - what mischief it was designed to remedy
what are the 3 cases for the mischief rule?
-Heydons case
-Smith v Hughes
-Royal College of Nursing v DHSS
what is the purposive approach?
where judges consider parliaments purpose in creating an act - what were they trying to achieve
what are the 2 cases for the purposive approach?
-Jones v Tower Boot
-R v Registrar General ex parte Smith
what are the 2 types of aids to interpretation?
-intrinsic aids -inside the act
-extrinsic aids -outside the act being interpreted
what are the 5 types of intrinsic aids?
-short title
-long title
-headings
-marginal notes
-definitions section
what are 3 examples of extrinsic aids?
-dictionary - DPP v Cheeseman
-law commission reports
-hansard
what is hansard and what is the case example?
-a record of all proceedings in HoC and HoL, including when a bill is being debated
-Davis v Johnson
when is hansard allowed to be used according to Pepper v Hart
-where the words of an act are unclear & would lead to an absurdity
-there is a statement in hansard relating to the statute in question
-that statement would resolve the ambiguity
what are the 2 cases for the law commission?
-Black-Clawson International Ltd v Papierwerke
-DPP v Bull
