statutory interpretation paper 2 Flashcards
why is statutory interpretation needed
language = outdated and words are too ambiguous so judges need to interpret law in another way
what is the literal rule
judges use exact meanings of words when interpreting statute
what is a key case for the literal rule
Whiteley v Chapel
What is the golden rule
judges decide that the literal rule has produced absurd results - a modification of the literal rule
what is the purposive approach
judges look what the purpose of the law is and reasons why it was passed
what is hansard
record of what was said in parliament
what does lord Reid say about the literal rule
‘we are seeking not what parliament meant but the true meaning of the words they used’
what happened in Whiteley V Chapel
Facts - defendant charged under act that prevents impersonating ‘any person entitled to vote’
Held - NOT guilty as a dead person cannot vote ( taken in literal sense )
what is the mischief rule
court looks at what the law was before it was passed and fills in any gaps - the court then interprets the case so the gap is covered - definition is in Heydons case
what are the 4 points Heydon’s case established that the courts should consider
1 - what was the common law before the act was made
2 - What was the mischief for which the common law did not provide
3 - what was the remedy parliament resolved and appointed
4 - the true reason of the remedy
what case is the mischief rule seen in
Smith V Hughes
facts under criminal street offences act - offence to loiter on the street and prostitutes were doing this
held they were guilty
what are the 2 approaches of the golden rule
Narrow approach - Adler v George
Wider approach - Re v Sigsworth
what is the narrow approach
words have more than one meaning - judges chose least absurd
what is the wider approach
if the clear meaning of words would lead to a repugnant situation - judges modify the meaning to avoid this situation
Re v Sigsworth
Son - killed mother and was going to be given her Inheritace
court disagreed with this outcome - literal rule shouldn’t apply instead the wider approach should be used to avoid this situation
