Statutory interpretation Law making Flashcards
Definition of statutory interpretation
When a judge gives meaning to words of an act of parliament when delivering their judgement in court.
Literal rule definition
Ordinary and plain reasoning.
City of London court
‘If words of act are clear you must follow them no matter if they result in an absurdity.’
Worker killed whilst doing maintenance. Courts took words ‘relaying’ and ‘repairing’ literally so widows claim failed.
Beriman
Cheeseman
D indecent exposure police caught him. Passengers implied literal and police weren’t seen as trespassers so not liable.
Advantages of literal rule
Parliament supremacy
Certainty as results are predictable
Decisions made quickly
Encourages parliament to amend and reform laws.
Disadvantages of literal rule
Lead to absurd results
Unfair harsh results
Lawyers think easily predict outcome however cant.
Old fashioned and outdated
Lead to absurd results case
Chappel
Unfair harsh results case
Beriman
Lawyers think easy to predict case
Allen
Old fashioned and outdated case
Hart
Golden rule definition
Starts with a literal approach and if produces absurd result allowed to be flexible.
Narrow golden rule
Chose best interpretation of ambiguous words.
Wide golden rule
Words only one meaning but can modify if ambiguous.
Sigsworth
Golden rule was used to stop murderer inheriting victim’s inheritance.
Narrow golden role was used words ‘in the vicinity’ interpreted as ‘being in or in the vicinity’. D was guilty.
George
Allen
Golden rule used on ‘shall marry’ so it was the ceremony and D charged with bigamy.
Golden rule advantages
Respect parliament authority whilst allowing flexibility fairly certain outcomes
Quick and easy
prevent unfair or absurd decisions.
Golden rule disadvantages
Subjective as who decides what is absurd
Creates unpredictability with use of narrow and wide
Goes against parliament supremacy
outdated
Mischief rule rules
Looks at mischief act was trying to stop
Looks at common law before act passed
What was the remedy parliament proposed
What was the true reason for the remedy
Hughes
Court used mischief rule on prostitutes who claimed they weren’t soliciting in the streets and found them guilty.
Mischief rule made medical improvements with abortions legal.
DHSS
Grey
Applied mischief rule and found statue was about ensuring the injured was compensated so D was liable.
Mischief rule advantages
Aims to give effect to true intention of parliament, More flexible approach
Uses expertise of judges
Produces fairer outcomes than literal and golden rule.
More flexible approach case
DHSS
Mischief rule disadvantages
Too much power to judges
Difficult to apply
Uncertainty
Outdated
Why does the mischief rule bring uncertainty?
as statues can be over ruled by reinterpretation.
Why is the mischief rule outdated?
Comes from 1584.
Purposive approach definition
Judges interpret by trying to work out what parliament meant and the purpouse.
Quintavalle
wide interpretation of what an embryo could be.
Using purposive approach to look at what was outside scope of employment and discrimination was so employers liable.
Tower boot
Hart
The days have passed when the courts adopted a literal approach.
Purposive approach advantages
Helps fulfil parliament’s intention,
Helpful when interpreting human rights law as this is all they use
judges expertise,
More sensible outcomes
Purposive approach disadvantages
Too much power to judges
Difficult to find out what parliament debated and said
Uncertainty created in legal system
Judges should not be making laws in matters of public policy.
