statutory interpretation(topic3) Flashcards
define statutory interpretation?
interpreting statutes to find parliament’s intention
why is statutory interpretation important?
to ensure the law remains accurate
what are the 5 reasons for statutory interpretations?
1)broad term
2)ambiguity
3)drafting error
4)new developments
5)changes in the use of language
define broad terms giving an example
1)some terms with wide variations of definitions
e.g motor vehicles
define ambiguity giving an example
some unclear terms
e.g theft act -‘ must be dishonest’
define drafting errors giving an example
1)a mistake in the legislation
e.g ABH(s47) and GBH(s20) = mean the same thing
define new developments and give an example
1) new technology + ideas
e.g drones
define changes in language and give an example
1)changed in language, words have different definitions
e.g Cheeseman v DPP
what are the two approaches to statutory interpretations?
1)purposive approach
2) literal approach
explain what the literal approach is
1) judges examine each word individually and take their literal meaning
explain what the purposive approach is
judges finding the intention of parliament by looking at what they were trying to achieve
why is the purposive approach important in EU law
1)different languages mean it is difficult to interpret words literally or even translate one language to another.
what are 2 case examples where the purposive approach was used
1)R v Registrar General, ex parte Smith 1990
2) R v Secretary of State 2003
which act was involved in the R v Registrar General, ex parte Smith 1990
adoption act 1976
which approach was used first in R v Registrar General, ex parte Smith 1990
'’shall supply’’ meant he was entitled to a birth certificate which was the use of a literal approach
why did they apply the purposive approach instead in R v Registrar General, ex parte Smith 1990
the defendant was a convicted killer and parliament refused to supply him with a birth certificate as it would pose a threat to their birth parents
what was the issue which needed to be resolved in R v Secretary of State 2003
1) the issue was the Human Fertilisation + Embiology Act 1990
2)and prove that the embryo was a fertilized egg
what would be the outcome if the literal approach was used in R v Secretary of State 2003
it only referred to fertilised embryos meaning cloned embryos may be misused.
why did HOL use the purposive approach in R v Secretary of State 2003
1) it would include clones
2)would mean embryos of any type would be affected
3) clones = not fertilised so they are included in the rule
state the first pro of the purposive approach explain it and give a counterpoint.
pro: it makes sense to look at the whole purpose of the act
explanation: RV Register general the adoption act did not aim to enable hostility towards birth parents
counterpoints: however, there could be uncertainty if a judge changes the meaning of the statute
state the second pro of the purposive approach explain it and give a counterpoint.
Pro: It gives effect to parliament’s intentions
. For example, in R v Secretary of State Parliament, it meant for clone research to be licensed like embryos.
counterpoint: however, this could be undemocratic as judges are not elected.
Explain the first con of the purposive approach and give a counterpoint.
con: there could be uncertainty if a judge changes the meaning of the statute
explanation: RV Register general the adoption act did not aim to enable hostility towards birth parents
counterpoint: it makes sense to look at the whole purpose of the act
Explain the second con of the purposive approach and give a counterpoint
con: this could be undemocratic as judges are not elected.
explanation: R v Secretary of State Parliament, it meant for clone research to be licensed like embryos.
counterpoint: It gives effect to parliament’s intentions
Explain the third con of the purposive approach and give a counterpoint
con: working out the intention of parliament can be hard because some words/ acts may be difficult to interpret.
explanation: e.g Cheeseman v Dpp we don’t know what parliament meant
counterpoint: can use aids to interpretation like a dictionary