Statutory interpretation part 1 Flashcards
What is statutory interpretation?
The process by which courts interpret and apply the laws made by Parliament.
What is the role of judges?
To interpret and apply the law.
What are 2 needs for statutory interpretation?
Words may have more than one meaning
Broad terms may be used leading to confusion and uncertainty
What are another 2 needs for statutory interpretation?
Errors in drafting can be made
New developments in society may make words used out of date
What are the 4 rules of statutory interpretation?
The literal rule
The golden rule
The mischief rule
The purposive approach
What is the literal rule?
Where judges follow the exact meaning of the word in the law, even if it leads to an absurd result.
What is an example of the literal rule being used to produce a positive outcome?
Whiteley v Chappell (1868)
What is an example of the literal rule being used to produce a negative outcome?
LNER v Berriman (1946)
What is an advantage of the literal rule?
It follows parliament’s exact words.
What is a 2nd advantage of the literal rule?
Creates certainty in the law as judges will apply the exact meaning of a word.
What is a 3rd advantage of the literal rule?
Leads to consistent outcomes as like cases will be treated alike.
What is a disadvantage of the literal rule?
It assumes that legislation is drafted perfectly, however there may be mistakes.
What is a 2nd disadvantage of the literal rule?
Can lead to unjust outcomes.
What is a 3rd disadvantage of the literal rule?
Fails to recognise that the English language is sometimes ambiguous.
What is the golden rule?
When judges depart from the literal meaning if it leads to an absurd result.
What are the 2 views of the golden rule?
The narrow view and the wide view.
What is the narrow view of the golden rule?
If a word has more than one meaning, the court must choose the most suitable meaning to avoid an absurdity.
What is an example of the narrow view?
Adler v George (1964)
What is the wide view of the golden rule?
If a word has only one meaning that will lead to an absurd result, then the courts can modify the meaning to avoid this.
What is an example of the wide view?
R v Sigsworth (1935)
What is an advantage of the golden rule?
It respects the exact words of parliament except in limited situations.
What is a 2nd advantage of the golden rule?
It provides an ‘escape route’ from possible absurd results.
What is a 3rd advantage of the golden rule?
Avoids decisions that would lead to an unpleasant situation.
What is a disadvantage of the golden rule?
It is very limited in its use and can only be used in certain cases.
