statutory interpretation- section3 chapter16

Question 1

What is statutory interpretation?

Answer 1

where judges give a meaning to the word of an act of parliament when they are delivering their judgement in court

Question 2

What are the 3 rules used in statutory interpretation?

Answer 2

1. literal rule
2. golden rule
3. mischief rule

Question 3

What is the literal rule?

Answer 3

a judge will give words in an act their natural, ordinary or dictionary meaning, even if the result is not very sensible

Question 4

what is examples of cases that use the literal rule?

Answer 4

.London and North Eastern Railway Co. v Berriman (1946)
.Cheeseman v director of public prosecutions (1990)

Question 5

Summary of the London and North eastern Railway Co v Berriman case

Answer 5

A railway worker was killed while oiling points on a train track. His widow tries to claim compensation because the company did not provide a look-out man, as the Fatal Accidents Act says one should be provided to men “relaying” or “repairing”. The court took these words in their literal meaning and said oiling points did not fit under those categories. Therefore Mrs Berrimans case failed.

Question 6

Summary of the cheeseman v Director of public prosecutions

Answer 6

D was charged with wilfully and indecently exposing his person in a street to the annoyance of passengers contrary to s28 Town Police Clauses Act 1847. Who was seen by police that were stationed in a public toilet following complaints. The Oxford Dictionary showed that in 1847, when Act was passed, ‘passenger’ meant ‘passer-by’. Therefore the two police officers were not passengers as they were stationed in a public lavatory in order to apprehend persons committing acts that they had earlier complaints about and did not use that place of public resort in the ordinary way. D was found not guilty.

Question 7

What are advantages of the literal rule?

Answer 7

• makes the law more certain, as the law will be interpreted exactly as it is written by parliament

-excludes judges own opinions or prejudice

-respects parliamentary supremacy

-promotes certainty

Question 8

What are the disadvantages of the literal rule?

Answer 8

• assumes every act will be perfectly drafted. E.g. Dangerous Dogs Act 1991, parliament used “type” of dog instead of “breed”

-when law is drafted it is not always possible to cover every situation that parliament intended

-words may have more than one meaning, so that the act is unclear

Question 9

What is the golden rule?

Answer 9

a judge can choose the best interpretation of ambiguous words or avoid an absurd or repugnant result

Question 10

What does a narrow approach of a golden rule mean?

Answer 10

The court chooses a possible meaning of words but if there is only one meaning, that must be given. E.g. Alder v George and R v Allen

Question 11

What does a broad approach of the golden rule mean ?

Answer 11

If a clear meaning of the words would lead to a repugnant result, the judge will modify the remaining of the words. E.g. Re Sigsworth

Question 12

What are examples of cases that use the golden rule?

Answer 12

.Alder v George (1964)
.Re Sigsworth (1935)
. R v Allen (1872)

Question 13

Summary of the Alder v George case

Answer 13

The defendant had obstructed HM forces actually in their base, a prohibited place. The official Secrets Act 1920, made it an offence to obstruct Her Majesty’s Forces ‘in the vicinity’ of a prohibited place. The defendants argued they were guilty as the literal wording of the act didn’t apply to people inside the place. However the Divisional Court found D guilty. Used a Narrow approach (‘in the vicinity’= in or around the place).

Question 14

Summary of Re Sigsworth case

Answer 14

A son had murdered his mother, however she had not made a will. According to rules in the Administration of Estates Act 1925, her estate should be inherited by her next of kin( her son). There was no ambiguity in the words of the act, however the court was not prepared for D to benefit from his crime. Court chose to use a wider use of the golden rule.

Question 15

Summary of R v Allen case

Answer 15

D attempted to marry the niece of his first wife- who he was still married to. The marriage would have not been valid due to the women close relationship. D was charged under s 57 Offences Against the Person Act 1861, which makes it an offence for ‘whoever being married shall marry again without previous marriage being ended’. D argued that he is not guilty as his second marriage was void. Court used narrow approach and decided ‘shall marry’ means going through a ceremony therefore D was guilty

Question 16

What are advantages of the golden rule ?

Answer 16

– respects the exact words of Parliament except in limited situations
–narrow approach allows the judge to choose the most sensible meaning.
–the wider approach can provide sensible decisions in cases where the literal rule would lead to a repugnant situation.

Question 17

What are the disadvantages of the golden rule ?

Answer 17

– very limited in its use, so it is only used on rare occasions and it is not always possible to predict when courts will use the golden rule over the literal rule.
–Micheal Zander described it as a ‘feeble parachute’- an escape route but it cannot do very much.

Question 18

What is the mischief rule ?

Answer 18

the judge looks at the gap in the law before the Act was passed and interprets the words to cover the gap and deal with the mischief.

Question 19

What 4 point should the court consider when using the mischief rule?

Answer 19

1. what was the common law before the making of the act
2. what was the mischeif and defect for which the common law did not provide

3.what was the remedy the parliament hath resolved and appointed to cure the diease of the dommonwealth

4.the true reason of the remedy

Question 20

What are examples of cases that uses the mischief rule?

Answer 20

.Smith v Hughes (1960)
. Royal college of Nursing v DHSS (1981)
.

Question 21

Summary of the Smith v Hughes case

Answer 21

s 1 (1) of the Street offences Act 1959 says ‘it shall be an offence for a common prostitute to loiter or solicit in a street or public place for the purpose of prostitution’. The court considered appeals against conviction under this section by six different women, who had been on balconies or in windows. In each case the women were tapping or calling to get the mens attention. They argued they were not guilty as there were not ‘in the street or in a public place’.The court decided they was guilty as still having the intention to carry out such acts.

Question 22

What is the purposive approach?

Answer 22

The court is nor just looking at the meaning of individual words or to see what the gap was in old law; the judges are deciding what they believe Parliament meant to achieve and giving effect to that purpose

Question 23

What did Lord Denning say about purposive approach (case of Magor and St mellons v Newport Corporation-1950)

Answer 23

“we sit here to find out the intention of parliament and carry it out, and we do this better by filling in the gaps and making sense of the enactment than by opening it up to destructive analysis”

Question 24

What did Lord Simonds call Lord Dennings approach?

Answer 24

“a naked usurpation of the legislative function under the thin disguise of interpretation”