Statutory Interpretation- LAW MAKING(2) Flashcards
what is statutory interpretation?
the process by which the courts (judges) interpret statutes and apply legislation.
the process of reading and applying the law.
why do we need statutory interpretation?
- ambiguous words (unclear meaning/can have more than one meaning
- changes in languages (words can change meaning over time)
- new developments (new technology)
- drafting errors (typos)
- broads terms (such as animals)
what is the literal rule?
- requires the judge to give the word in the act its dictionary meaning
- its plain,natural,grammatical and ordinary meaning
- even if the interpretation leads to an absurdity
Harris
( list key words and write principle)
the D bit off the nose of the V.
Statute made it an offence to “stab, cut or wound another”
principle= using the literal rule, biting did not come under the definition of cut,stab or wound as they implied using an instrument.
The D was found not guilty and it led to an absurd result.
Berriman
( list key words and write principle)
Died whilst maintaining the tracks.
Statute said compensation was payable to those who died whilst “relaying or repairing” the tracks.
principle= using the literal rule, maintaining did not fall under either definition or relaying or repairing.
No compensation could be claimed and an absurd result
Whiteley v Chappell
D voted using the voting card of a dead person.
The statue made it an offence to “impersonate a person who was entitled to vote”
principle= using the literal rule, judge decided the D did not make an offence as dead did not come under the definition of entitled.
Absurd result
Tell me the 4 advantages of the literal rule
1) provides predictability within cases
2) it upholds parliamentary supremacy
3) punishes parliament for poor legislation
4) judges respect the parameters of their constitutional role
Tell me the 4 disadvantages of the literal rule
1) leads to absurd and unjust results
2) expects unattainable perfection in the draftsperson
3) problems are created when words have more than one meaning
4) the law cannot adapt to changes within modern society.
what is the golden rule?
This rule is a modification of the literal rule and should be used when a literal meaning of a word would result in an absurd result
what are the 2 approaches called that can be used under the golden rule?
narrow and wider approach
what is the narrow approach?
its used when a word has more than one literal meaning, the judge will choose between those meanings to avoid the absurd result.
what is the case example for the narrow approach?
R v Allen
Marry has two definitions, to legally marry and the ceremony of marriage.
The judge chose the second meaning to convict the D.
what is the wider approach?
used when the word in the act has one clear meaning, but to apply that meaning would result in absurdity.
Judges will modify the meaning of the word to avoid the absurd outcome.
what are the 2 case example for the wider approach?
Re SIgsworth
The court/judges modified the act to mean that the son couldn’t inherit as he killed his mum
Adler v George
modified the meaning of ‘in the vicinity of’ to include ‘within the vicinity’ to find D guilty.
what are the 4 advantages for the golden approach?
