Statutory Interpretation P1

Question 1

What is statutory interpretation

Answer 1

The process of working out the meaning of words in Acts of Parliament

Question 2

What are the four reasons for why we need statutory interpretation

Answer 2

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

Question 3

What are the four rules of interpretation

Answer 3

The literal rule
The golden rule
The mischief rule
The purposive approach

Question 4

What is the letter of the law

Answer 4

Not open to interpretation, stick to the wording of Act of Parliament
Parliament are supreme law making body

Question 5

What is the spirit of the law

Answer 5

Open to look at general principle of the law

Question 6

What is the literal rule for statutory interpretation

Answer 6

Words of an act are taken word for word
Words are interpreted by judges - use ‘plain and ordinary’ meaning of the word

Question 7

What did Lord Justice Esher say about the literal rule in the case of R V Judge of the City of London Courts (1892)

Answer 7

“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

Question 8

Why do some judges take the view that the literal rule is the best rule to follow when interpretating Acts of Parliament

Answer 8

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

Question 9

What are the 3 cases used for the literal rule of interpreting statue and give a brief description of each

Answer 9

LNER V Berriman (1946) - “relaying and repairing”
Cheeseman V DPP (1990)- “passengers”
Whitely V Chappel (1868)- “entitled to vote”

Question 10

What is the golden rule for interpreting statute

Answer 10

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

Question 11

What does repugnant mean

Answer 11

extremely distasteful; unacceptable

Question 12

What are the two approaches within the golden rule for approaching wording and its meaning

Answer 12

Narrow approach
Wide approach

Question 13

What is the The golden rule - Narrow approach

Answer 13

When a word or phrase has multiple meanings, then the court can choose the best fitting meaning for the act

Question 14

What are the two cases used for the golden rule - Narrow approach

Answer 14

R V Allen (1872)- “to marry”
Alder V George (1964)- “in the vicinity of”

Question 15

What is the golden rule - Wide approach

Answer 15

The court can avoid a repugnant situation by modifying words which only have one clear meaning

Question 16

What are the two cases used for the golden rule - Wide approach

Answer 16

Re Sigsworth (1935) - son who murdered mother was her “issue”
R (Haw) V Home Secretary (2006)- “when the demonstration starts”

Question 17

Why was the golden rule - wide approach used for the case of Re Sigsworth (1935)

Answer 17

To prevent the repugnant outcome of a murderer profiting from his crime (which the literal rule would have provided)

Question 18

Why was the golden rule - wide approach used for the case of R (Haw) V Home Secretary (2006)

Answer 18

Allowing protests that started before the 2005 Act was in place would have been a repugnant situation so the wide approach would avoid this and get the protestor removed

Question 19

What are three advantages of the literal rule being applied by judges

Answer 19

1) It creates certainty in the law, knowing that judges will always apply the ordinary meaning of words
2) Creates consistent outcomes - people treated fair and justly
3) Agrees with the rule of law to be clear, certain and applied equally

Question 20

What are 3 disadvantages of the literal rule being applied by judges

Answer 20

1) Assumes that litigation is drafted perfectly without any mistakes - judges will lack flexibility when it is seen to be wrong
2) Does not recognise that words have multiple meanings depending on context
3) Said to prioritise certainty and predictability rather than fairness

Question 21

What are 3 advantages of the golden rule (both narrow and wide approach)

Answer 21

1) Respects the exact words of Parliament except in limited situations (Narrow approach upholds government sovereignty with Wide approach used in exceptions)
2) Wide approach allows for ‘escape routes’ for absurd outcomes
3) Holds public confidence in the legal system knowing the judges will try avoid repugnant situations

Question 22

What are 3 disadvantages of the golden rule (narrow and wide approach)

Answer 22

1) Can only be used when applying the literal rule would lead to an absurd outcome meaning unfair outcomes cannot use the golden rule as it is not absurd
2) Depends what the court decides as ‘absurd’ and don’t know when judges will use the golden rule
3) Two competing views on how far judges can go in applying the golden rule creates a divide and uncertainty among judges and the public to the legal system

Question 23

Which case does the mischief rule originate from

Answer 23

Heydon’s case (1584)

Question 24

What are the 4 parts of the mischief rule which is said that judges must follow

Answer 24

Identify what the common law was before the Act was passed
Look to see what the gap (mischief) in the old law was
Consider what remedy was intended to address the mischief
Interpret the law so as to remedy (fix) it

Question 25

What is a ‘mischief’ in legislation

Answer 25

A gap or problem

Question 26

What are the three cases used for the mischief rule

Answer 26

Smith v Hughes (1960) – prostitutes “in a street or public place”
Royal College of Nursing v DHSS (1980) – “registered medical practitioner”
Eastbourne BC v Stirling (2000) – “plying for hire on any street”

Question 27

Why was the mischief rule used in Smith V Hughes (1960)

Answer 27

Ds activities were bothering men on the street and this was exactly the mischief that the Act was designed to stop
Under the literal rule the girls would have been fine as they were in private property and not ‘in public’, but as they would be viewed by the public, this means this is the mischief of the Act

Question 28

Why was the mischief rule used in Royal College of Nursing v DHSS (1980)

Answer 28

The mischief of the Act was to stop back street abortions where no medical care was available
Although the nurses weren’t advanced practitioners stated in the act, they were still medically trained and capable to give the relevant abortion

Question 29

Why was the mischief rule used in Eastbourne BC V Stirling (2000)

Answer 29

Although D was on private land, he was still likely to get custom from the street and this was the mischief that the Act was designed to stop

Question 30

What are 3 advantages of the mischief rule when be applied by judges

Answer 30

1) Produces more just outcomes than literal approach
2) Promotes the aim of the law passed by parliament so there wishes are more likely to be achieved and upholds parliament sovereignty
3) Gives flexibility to judges based on each case that is faced

Question 31

What are 3 disadvantages of the mischief rule when applied by judges

Answer 31

1) Leads to judicial law making as they are applying there onw view of what they though parliament meant
2) Judges are unelected but decide on the laws which is contrary to the separation of powers where judges should only apply the law
3) Has limited impact as can only look at the problem with the law rather then consider a broader purpose of the act

Question 32

What is The Purposive approach

Answer 32

Modern descendant of the mischief rule that goes beyond it, not just looking to find the gap in the old law
Decide what parliament was trying to achieve
Finding the purpose of the law so it can be interpreted to give the effect on that purpose

Question 33

What are all the cases used to show the purposive approach

Answer 33

R V Registrar-General ex parte Smith - adopted murderer
Jones V Tower Boot Co Ltd - ‘‘in the course of employment’’
R (Quintavelle) V Secretary of State for Health - cloned embryos
R V Z (NI) -‘‘Banned terrorist organisation’’

Question 34

Why was the purposive rule applied to the case of R V Registrar-General ex parte Smith

Answer 34

The purpose behind the Act was to reunite families and create new family units. Placing a birth mother at risk of harm from the child she gave up for adoption defeats that purpose ( he was in prison and applied for birth certificate after murder conviction)

Question 35

Why was the purposive rule applied to the case of Jones V Tower Boot Co Ltd

Answer 35

The purpose behind the Act was to ban racism in the workplace. The fact that D did not cause it was irrelevant, racism continued in their workplace and D did not stop it (was the owner)

Question 36

Why was the purpose rule applied in the case of Quintavalle V Secretary of State of Health

Answer 36

When the Act was passed, technology to clone embryos did not exist therefore such research was unforeseen. Parliament has not specifically meant to exclude them so cloned embryos were covered despite the lack of fertilisation

Question 37

Why was the purposive rule applied in the case of R V Z

Answer 37

The purpose behind the Act was to ban membership of terrorist organisations. The fact that the real IRA was no specifically listed did not matter

Question 38

What are 3 advantages of using the purposive approach

Answer 38

1) Leads to justice in individual cases as the purpose of the law is taken into account
2) Gives effect to the true intentions of parliament, upholding parliament sovereignty
3) Keeps the law up to date

Question 39

What are disadvantages of the purposive approach

Answer 39

1) Don’t truly know what parliaments intentions were for the purpose of Acts
2) Difficult to predict the outcome of cases as it depends on what judges think the purpose of the Act was
3) Judges may refuse to follow clear words set out by our elected parliament

Question 40

What are the 2 other categories of sources which judges use to help them with interpreting legislation

Answer 40

Intrinsic Aid
Extrinsic Aid

Question 41

What is Intrinsic aid

Answer 41

Comes from within the act itself - subheadings, schedules, margin notes, preamble

Question 42

What is Extrinsic aid

Answer 42

Comes from outside the Act - Dictionary, Hansard, International Treaties and agreements, report from the law reform bodies, case law…

Question 43

Which approach is preferred by the ECJ for interpreting laws and why

Answer 43

The Purposive approach
Judges do not have to concern themselves too much with the letter of the law as are interpreting from different languages of its members
Can focus on the spirit of the law and what it was aiming to achieve

Question 44

Which case said that the Spanish courts must interpret Spanish law with EU law

Answer 44

Marleasing Case (1992)

Question 45

What is retained EU law

Answer 45

EU law remains in UK law unless specifically removed or updated

Question 46

Which section of the HRA 1998 states that judges must real all legislation in a way that is compatible with the ECHR

Answer 46

S 3

Question 47

Judges must choose the meaning that makes English law…

Answer 47

Compatible with the ECHR

Question 48

Which case shows that English law must be compatible with meaning of the EU law and involved same sex partners taking over tenancy

Answer 48

Mendoza V Ghaidan

Question 49

What is a declaration of incompatibility

Answer 49

Judges alert the government that change need to be made to legislation to make it compatible with EU law