The need for Statutory Interpretation Flashcards
To help judges with general words. what Act has Parliament passed?
the Interpretation Act 1978
What are the 5 reasons why the meaning of a particular word or phrase is unclear?
- a broad term
- ambiguity
- a drafting error
- new developments
- changes in the use of language
What is the problem of the phrasing in the Dangerous Dogs Act 1991 where it states ‘any dog of the type known as pit bull terrier’?
as what is meant by ‘type’ and does it mean the same as ‘breed’?
In what case was the wording of the Dangerous Dogs Act 1991 phrasing of ‘type’ taken as a key point in dispute?
Brock V DPP 1993
What did the Queens Bench Divisional Court decide in Brock v DPP 1993 regarding the phrasing of ‘type’?
that ‘type’ had a wider meaning than ‘breed’ and could therefore cover dogs which were not pedigree pit bull terriers but had substantial characterises of such a dog
What does it mean by ambiguity of a word or phrase?
This is where a word has two or more meanings and it is not clear which meaning should be used
Why may there be a drafting error?
the Parliamentary Counsel who drafted the original Bill may have made an error which has not been noticed by Parliament
When is a drafting error likely to occur?
When the Bill is amended several times while going through Parliament
How can new developments cause the meaning of a word or phrase to be unclear?
as new technology may mean that an old Act of Parliament does not cover present day situations
When is the problem of new developments illustrated in a case?
in the case of Royal College of Nursing v DHSS (1981)
What happened in Royal College of Nursing V DHSS (1981) which illustrates how new developments have caused problems in the clarity of a word or phrase?
medical science methods have changed since the passing of the Abortion Act in 1967
What case illustrates the problem of the changes in the use of language ?
Cheeseman V DPP 1990
