statutory interpretation (p.1 s.a) Flashcards
(17 cards)
what is a statute?
a law made by parliament, otherwise known as an act of parliament
what is statutory interpretation?
statutory interpretation is the procedure by which a judge works out the meaning of words in an act of parliament and how this applies to the facts of the case
what is the literal rule?
the judge will give the words in the statute the ordinary and plain meaning
what case goes with the literal rule?
fisher v bell 1961 - a shopkeeper displaying a flick knife was not found guilty because he did not sell it, he only had it on offer
what is the golden rule?
if the literal rule causes an absurd result, the judge can take a more flexible approach to rectify the absurdity - thus extending the meaning of a law
what case goes with the golden rule?
alder v george 1964 - the defendant was charged under the official secrets act 1920 for obstructing a member of the armed forces “in the vicinity of” a prohibited place but they argued that they were inside the prohibited place not near it
what is the mischief rule?
it allows for a judge to look for the ‘mischief’ or the problem the statute was passed to remedy. it directs the judge to use extrinsic aids and look for parliament’s intention passing the act
what are extrinsic aids?
used for both the mischief and purposive approach, the judge will find an extrinsic aid outside the act
eg:
•dictionary’s/textbooks
•historical setting
•hansard - a record of all the speeches made in parliament- help to identify the purpose of the mischief that the law is trying to prevent - e.g pepper v hart 1998 - this was the first case to authorise the use of hansard but only when the words are ambiguous
what are intrinsic aids?
intrinsic aids are found within the act itself
eg:
•preamble
•headings
•title to the act
what is the purposive approach?
similar to the mischief rule. looks for the intention or aim of the act
- judges look for the “purpose” of the act or as lord penning said “spirit of legislation”
what case goes with the purposive approach?
r v z 2005 - under the terrorism act 2001 the following groups banned are: ira, isis, alqueda, etc
defendant tried to start an organisation called ‘the real ira’ - judge looked at the act and realised the purpose was to ban and prevent terrorism
what are rules of language?
judges can use other words in the statute to help give meaning to specific words that require interpretation
what is ejusdem generis?
•a rule of language
•this means “of the same kind”. where specific words are followed by general words, the general words are limited to things of the same nature as the specific ones
what case goes with ejusdem generis?
powell v kempton 1899
•statute stated that it was an offence to use a “house, office, room or other place for betting”. the defendant was using a ring at a race course. the court held that the general term “other place” had to include other indoor places
what is noscitur a sociis?
•a rule of language
this means “a word known by the company it keeps”. words in a statute must be read in context of the other words around them - other words in the phrase can be used to help the judge determine the meaning - adds context
what case goes with noscitur a sociis?
foster 1887
what case goes with the mischief rule?
smith v hughes 1960 - under the street offences act 1958 it was an offence for prostitutes to solicit in “a public space”. the defendants solicited from private premises, such as balconies or windows, but were visible from the street. the court applied the mischief rule
