Statutory Interpretation: Rules and Theory Flashcards
What is meant by statutory interpretation?
How judges interpret and enforce the law written into statutes
What are the four rules used for interpretation?
Literal, golden (broad & narrow), mischief and purposive approach
What is the literal rule?
The judge uses the words/phrases of the statute in their ordinary/natural use, even if this seems to be contrary to the intentions of parliament
What case demonstrates the literal rule in use?
Whiteley v Chappell
What did the law state in the case of Whiteley v Chappell
Poor Law Amendment Act 1851, an offence to ‘impersonate any person entitled to vote’, the D casted his vote in the name of a dead person
What did the judge rule in the case of Whiteley v Chappell?
Under the literal rule, a dead person cannot vote, therefore the D was not guilty as they had not impersonated anybody entitled to vote
What is the golden rule?
If the word or phrase has more than one meaning the judge can avoid an absurd decision by adopting the less usual meaning
What is the narrow approach of the golden rule?
Where a word or phrase is capable of more than one meaning, the judge can select the meaning that avoids absurdities
What case shows the narrow approach of the golden rule in use?
R v Allen
What did the law state in the case of R v Allen?
OAPA 1861, made it ‘anyone who being married shall marry any other person during the lifetime of the former husband or wife… shall be guilty of the offence of bigamy’
What did the judge rule in the case of R v Allen?
Since it is impossible to be married twice under civil law meaning a person cannot be guilty of bigamy, the judge applied the golden rule stating marriage means going through a marriage service, making the D guilty
What is the broad approach of the golden rule?
Where there is only one literal meaning, but to apply it would cause an absurdity, the courts can modify the meaning of the word to avoid this
What case shows the broad approach of the golden rule being used?
Adler v George
What did the law state in the case of Adler v George?
Official Secrets Act 1920, made it an offence to obstruct a member of the armed forces ‘in the vicinity of a prohibited place’ however the D was in the prohibited place, not near it
What did the judge rule in the case of Adler v George?
Under the broad approach of the golden rule, conviction was upheld as it would be absurd for a person to be liable if they were near a place but not for someone who was in the place
What is the mischief rule?
Wider approach, concentrates on interpreting words to achieve the aims of parliament and deal with the mischief that the act is directed at
What are the steps a judge must take when using the mischief rule and what case does this come from?
Heydon’s case, what was the common law before the act, what was the mischief and defect for which the law did not provide, what was the remedy parliament passed to cure the mischief and what was the true reason for the remedy
Which case shows the mischief rule in use?
Smith v Hughes
What did the law say in the case of Smith v Hughes?
Street Offences Act 1958 made it an offence to ‘solicit in a street for the purpose of prostitution’ however the D was sat on a balcony or inside tapping on a window to attract the attention of people on the street
What did the judge rule in the case of Smith v Hughes?
The judge ruled that parliament was obviously trying to prevent prostitution being witnessed in the streets/public places, therefore sitting on balconies came under this scope and the D was guilty
What is the purposive approach?
Goes beyond the mischief rule, does not just look at what the gap was in the old law but decides what parliament was trying to achieve, i.e. the purpose
What case shows the purposive approach being used?
Quintavelle v Human Fertilization and Embryology Authority
What did the law say in the case of Quintavelle?
Human Fertilization and Embryology Act 1990, defined an embryo as ‘a live human embryo where fertilization is complete’, however for the purpose of cloning embryos were not fertilized
What did the judge rule in the case of Quintavelle?
HoL decided cloned embryos were covered by the act and could be used for research purposes, which was what the act intended to cover
