statutory interpretation - topic 2 Flashcards
key questions
what is the literal rule?
gives the word plain ordinary or dictionary meaning
Why might the courts have to become involved in interpreting an Act of Parliament?
- A broad term - Dangerous Dogs Act 1991 the phrase ‘any dog of the type’ - Brock v DPP Queens Bench Divisional Court decided ‘type’ has a wider meaning than ‘breed’.
- ambiguity - word has two or more meanings so unclear which should be used
3.drafting error several old acts brought together in one act there may be differences in the wording of sections. Shown in S18 and S20 as S18 uses the word ‘cause’ and S20 uses ‘inflict’.
R v Burstow House of Lords - although words didn’t have the same meaning it would be absurd to differentiate between S18 and S20
- new developments - new technology means that an old Act doesn’t cover present day situations.
Royal College of Nursing v DHSS - medical science and methods changed since passing the Abortion Act in 1967. - change in use of language - words can change over years.
DPP v Cheeseman - man masturbating in public toilet ‘passengers’ changed to ‘passers by’.
Whitley v Chappell
Not guilty of impersonating someone entitled to vote because a dead person isn’t entitled to vote
LNER v Berriman
Not literally‘relaying or repairing’ the track it was just maintenance so widow couldn’t get compensation
what are the advantages of the literal rule?
- rules follow wording of parliament.
- Prevents unelected judges making law.
- Makes the law more certain.
- Easier to predict how judges will interpret the law.
what are the disadvantages of the literal rule?
- Not all acts are perfectly drafted
- Words have more than one meaning.
- following the words exactly can lead to unfair or unjust outcomes
what is the golden rule?
A wide approach which avoids an absurd interpretation
Adler v George
Words ‘in the vicinity’ held to include being in the prohibited place of her majesty’s forces
Re Sigworth
A songwho murdered his mother couldn’t inherit her estate as it would be repugnant
what are the advantages of the golden rule?
- respects the words of parliament
- allows the judge to choose the most sensible meaning
- Avoids the worst problems of the literal rule
what are the disadvantages of the golden rule?
- Can only be used in limited situations
- Not possible to predict when the courts will use it.
- A ‘feeble parachute’ e.g. escape route that can’t do much.
what is the mischief rule?
looks back to the gap in previous law and interprets the words to suppress the mischief
Smith v Hughes?
Prostitutes calling from doorways, windows or balconies were ruled to be “in a street or public place.”
Delete
Royal college of nursing v DHSS
Even thought the second part of an abortion procedure wasn’t carried out by a doctor the procedure was lawful as it prevented the mischief of illegal abortions