Statutory Interpritation Flashcards
What is statutory interpretation
A process of interpreting or understanding written words of a statute
What are the problems of why statutes become unclear
Broad terms
Ambiguous
Error when drafting statute
Advancements in technology
Change in language
What are the 4 rules of interpretation
The literal rule
The golden rule
The mischief rule
The purposive approach
What did lord Esher say the literal rule was
If the words of an act are clear you must follow them even if they lead to a manifest absurdity
The literal rule requires judges to apply the literal,ordinary and literal meaning of words even if they lead to manifest absurdity
What is the case for the literal rule
LNER v Berriman
What happened to the worker during LNER v Berriman
He was killed whilst doing maintenance work
Who sued who in this case
The victims widow was suing the northern eastern railway
Which statutes/act did the court have to interpret
Fatal offences act
Why was the act in LNER v Berriman important
It stated there was a need for a lookout
When did the act say there needed to be a lookout
For maintenance
The actions counted as maintenance so where the company responsible
No
What is the other case for the literal rule
DPP v Cheeseman
What was d doing in Cheeseman
Masterbating in a public lavatory
Which statute was interpreted in Cheeseman
Sec 28 of town police clauses act
How did public health acts amendment act 1907 describe street as
Control of local authority
Did the toilet count as a street
Yes public place control under authority
Where did the court find a definition for passenger
1847 Oxford English Dictionary
Where the police classed as passengers
No they where there for a special,specific purpose
What D guilty in Cheeseman
No
What is the golden rule
Starts by looking at the literal rule and if it’s absurd then the court uses golden rule to avoid it
What are the 2 approaches of the golden rule
Broad and narrow approach
What is the narrow approach
If phrase have 2 or more meaning the judges pick which one is more appropriate for the case R v Allen
What is the broad approach
Words have 1 clear meaning and can lead to absurdity so the courts can modify words to avoid problems R v Sigworth
