Statutory Interpretation P1 Flashcards
What is statutory interpretation
The process of working out the meaning of words in Acts of Parliament
What are the four reasons for why we need statutory interpretation
The meaning of words change over time
English language is complex so words can have multiple meanings
Provides a coherent/equal framework for every court and makes the trial fair
Broad term used in statute may not consider all possible meanings/ developments
What are the four rules of interpretation
The literal rule
The golden rule
The mischief rule
The purposive approach
What is the letter of the law
Not open to interpretation, stick to the wording of Act of Parliament
Parliament are supreme law making body
What is the spirit of the law
Open to look at general principle of the law
What is the literal rule for statutory interpretation
Words of an act are taken word for word
Words are interpreted by judges - use ‘plain and ordinary’ meaning of the word
What did Lord Justice Esher say about the literal rule in the case of R V Judge of the City of London Courts (1892)
“If the words of an act are clear, then you must follow them, even though they lead to a manifest absurdity” - seen to be unfair
Why do some judges take the view that the literal rule is the best rule to follow when interpretating Acts of Parliament
Some judges believe that Parliament is the supreme law making body and judges should not question this
Judges may use a dictionary of the time the Act was made to see the exact meanings of the word
What are the 3 cases used for the literal rule of interpreting statue and give a brief description of each
LNER V Berriman (1946) - “relaying and repairing”
Cheeseman V DPP (1990)- “passengers”
Whitely V Chappel (1868)- “entitled to vote”
What is the golden rule for interpreting statute
An extension of the literal rule - only used when a word has multiple meanings or the outcome of using the act as it is, is so repugnant
What does repugnant mean
extremely distasteful; unacceptable
What are the two approaches within the golden rule for approaching wording and its meaning
Narrow approach
Wide approach
What is the The golden rule - Narrow approach
When a word or phrase has multiple meanings, then the court can choose the best fitting meaning for the act
What are the two cases used for the golden rule - Narrow approach
R V Allen (1872)- “to marry”
Alder V George (1964)- “in the vicinity of”
What is the golden rule - Wide approach
The court can avoid a repugnant situation by modifying words which only have one clear meaning
