Statutory Interpretation - Paper 1 Flashcards
What are the four rules of statutory interpretation?
Literal, Golden, Mischief, Purposive
Define the literal rule
Judges give words their plain, ordinary, literal meaning, even if it leads to an absurd outcome
What is the key case for the literal rule?
Cheeseman v DPP
Which Act of Parliament was interpreted in Cheeseman, and which word did the judge look up in the dictionary?
The Town & Police Clauses Act 1847 was interpreted, and the word ‘passengers’ was looked up in the dictionary
What was the ruling in Cheeseman?
Police were not passengers because they were stationed in the toilets and not literally passing by or through
What are the main advantages of the literal rule?
It respects parliamentary supremacy, and is easy to apply and predictable
What are the main disadvantages of the literal rule?
Words can have more than one meaning, and it can lead to unfair and unjust decisions
Define the golden rule
Starts by using the literal rule, but if it would lead to an absurd result, the golden rule can be used to avoid that result
What are the two approaches of the golden rule?
Narrow and broad/wide approaches
Explain the narrow approach of the golden rule
Where a word has more than one meaning, courts can choose which meaning to follow
What was the decision in R v Allen
‘Marry’ meant to be legally married to someone, or to go through a marriage ceremony. The court chose the second meaning
Explain the broad approach of the golden rule
Words have one meaning but following that meaning would lead to a repugnant situation, so the golden rule is used to avoid that situation
What is the key case for the broad approach of the golden rule?
Re Sigsworth
Define the mischief rule
Looks at why Parliament passed the legislation, what was the mischief / problem / gap in the law they were trying to remedy
Which case established the mischief rule?
Heydon’s Case in 1584
