Statutory Interpretation (P1) Flashcards
What is the Literal Rule?
Where judges use the exact meaning of words when interpreting statute, no matter how absurd the outcome
What is the Golden Rule?
Where judges decide that the literal rule produces absurd results when interpreting statute
What is the Mischief Rule?
A rule of statutory interpretation used to prevent the mischief an Ac is aimed at.
What is the Purposive Approach?
Where judges look to see what the purpose of the law is when interpreting statute.
What cases are used for the Literal Rule?
➱Whiteley v Chappell (1868): Defendant pretended to be a person whose name was on the voters’ list, but had died. The court held that the defendant was not guilty since a dead person is not, in literal meaning of words, ‘entitled to vote’.
➱London and North Eastern Railway Co. v Berriman (1946): A railway worker was killed while doing maintenance work, oiling points along the railway line. His widow tried to claim compensation as there was no look-out man provided. The court took the words ‘relaying’ and ‘repairing’ literally, since oiling points isn’t classed at either she did not get compensation.
What cases are used for the Golden Rule?
➱Adler v George (1964): The Official Secrets Act 1920 made it an offence to obstruct Her Majesty’s Forces ‘in the vicinity’ of a prohibited place. The defendants had obstructed HM Forces actually in the prohibited place. The defendants argued they were not guilty as the literal wording of the Act did not apply to anyone in the prohibited place. It only applied to those ‘in the vicinity’. They were found guilty as it would be absurd if those causing obstruction to not find them guilty.
➱Re Sigsworth (1935): A mother was murdered by her son. She had not made a will so normally he would get her estate. The court where not going to let a murderer benefit from his crime, so it was held the Literal Rule should not apply and the Golden Rule would be used to prevent the son from inheritance.
What cases are used for the Mischief Rule?
➱Smith v Hughes (1960): Women tried to appeal against the fact they weren’t actually on the street but inside. They were banging on the window so still committing the crime. They were found guilty.
➱Eastbourne Borough Council v Stirling (2000): A taxi driver was charged with ‘plying for hire in any street’ without a license to do so. His vehicle was parked on a taxi rank on the station forecourt, not on a street. Still found guilty same reason as Smith v Hughes.
➱Royal College of Nursing v DHSS (1981): Even though the second part of an abortion procedure was not carried out by a doctor, the procedure was lawful as it prevent mischief or illegal abortion.
What are the cases used for the Purposive Approach?
➱Quintavelle: Act stated embryo meant ‘a live human embryo where fertilisation is complete’. Embryos were created by cell nuclear replacement, so there was no fertilisation. Act still applied.
What are the advantages of the Literal Rule?
➱Follows wording of Parliament
➱Prevents unelected judge making law
➱makes the law more certain
➱easier to predict how the judges will interpret the law
What are the disadvantages of the Literal Rule?
➱Where it leads to unjust results, such as in London and North Eastern Railway Co. v Berriman (1946), it can hardly be said to be enacting the will of Parliament
➱It assumes every Act will be perfectly drafted
➱Words have more than one meaning
What are the advantages of the Golden Rule?
➱Respects the words of Parliament
➱Allows the judge to choose the most sensible meaning
➱Avoids the worst problems of the literal rule
What are the disadvantages of the Golden Rule?
➱Can only be used in limited situations
➱Not possible to predict when the courts will use it
➱It is a ‘feeble parachute’ (Zander)
What are the advantages of the Mischief Rule?
➱Promotes the purpose of the law
➱Fills in the gap in the law
➱Produces a ‘just’ result
What are the disadvantages of the Mischief Rule?
➱Risk of judicial law making
➱Not as wide as the purposive approach
➱Limited to looking back at the old law
➱Can make the law uncertain
What are the advantages of the Purposive Approach?
➱Leads to justice in individual cases
➱Allows for new development in technology
➱Avoids absurd decisions
