Statutory Interpretation, Literal and Golden rule

Question 1

what does statutory interpretation mean (SI)

Answer 1

• judges decide the interpretation of words of an act of parliament

Question 2

literal rule

Answer 2

rule of SI that gives words the ordinary or dictionary meaning

Question 3

what does golden rule mean

Answer 3

rule of SI it is the modification of literal rule and avoids interpretation that can be absurd

Question 4

mischief rule

Answer 4

rule of SI that looks back to the gap in previous law and interprets the act to cover up the gap
(looks back to the ‘mischief’ in previous common laws in which the statute is trying to correct)

Question 5

purposive approach

Answer 5

approach to SI in which the courts look to see what is the purpose of law, intention of Parliament and when Act was drafted

-MUST BE USED IF JUDGE IS DEALING WITH EU LAW

Question 6

Theft Act 1968 s1

Answer 6

A person is guilty of these if HE dishonestly appropriates someone’s belonging with the intention of purposely depriving them of it

Question 7

Street Offences act 1959 s1

Answer 7

loiter or solicit in a street or public place for the purpose of prostitution

Question 8

abortion act 1967

Answer 8

done by registered medical practitioners

Question 9

explain reasons why it can be difficult for judges to interpret the meaning of words and statutes

Answer 9

• Meaning of words may change over time
• errors in drafting may be made
• words are left out as they are thought to be implied so broad terms are used

Question 10

how did Lord Esher describe the literal rule in R v City of London Court Judge 1892

Answer 10

If the words of an act are clear, you must follow them even though they lead to a manifest of absurdity

Question 11

How did the use of literal rule fail the widows claim in LNER v Berrinham 1946

Answer 11

• Railway worker was killed was oiling the track the widow then claim damages
• judge said that oiling is a maintenance job not part of ‘relaying’ or ‘repairing’

Question 12

advantages of using the literal rule

Answer 12

• determine the certainty of law which means everyone is treated equally so the lawyers can advise clients on how the law is used which leads to consistent outcomes
• it’s avoids unelected judges making law
• Parliament is supreme lawmaking body

Question 13

disadvantages of using the literal rule

Answer 13

• assumes legalisation is drafted perfectly with no mistakes

- it could contain errors which leads to unjust outcomes

Question 14

how did Lord Wensleydale explain the Golden Rule in Grey v Pearson (1857)

Answer 14

-grammatical meaning of words can be modified to avoid absurdity

Question 15

What is meant by the narrow view of the golden rule

Answer 15

when a word has more than one meaning the court can choose the most suitable meaning to avoid absurdity

Question 16

Explain how the court decided R v Allen 1872 using the narrow view of the golden rule

Answer 16

-Marry has two meanings
1) to become legally married, this is an impossible offence to commit as no one who is married can marry someone else
2)to have a marriage ceremony
(Allen committed bigamy)

Question 17

what is it meant by the wide or broad view of the golden rule

Answer 17

-when words only have one meaning but that would lead to an absurd outcome, the court can then modify the meaning of the words to avoid this

Question 18

Re Sigsworth 1935

Answer 18

• (man murdered his mother)
• he was ‘the next of kin’ and stood to inherit her property as she had not made a will
• due to the wide view of the golden rule, person no longer considered ‘ next of kin’ if they murdered deceased

Question 19

why is the golden rule’s use limited

Answer 19

judges have no power to intervene when there is a pure injustice