Unit 1 section A - Statutory Interpretation

Question 1

What is Statutory Interpretation?

Answer 1

• When judge works out meaning of words in a statute & applies to them facts of case in front of him.
• Usually meaning of statues is clear, but sometimes words need interpreting.

Question 2

What Act is SI outlined under?

Answer 2

Interpretation Act 1978

Question 3

Why do Judges need to interpret Statutes?

Answer 3

• Broad term is used
• Unclear words
• Error in drafting
• Change in Technology

Question 4

Define Literal Rule & what aids does it use?

Answer 4

• Judge gives words in statute, simple & plain meaning, even if this leads to an absurd result.
• Intrinsic Aids

Question 5

Explain Lord Esher’s view on Literal Rule in R v City of London Court Judge

Answer 5

‘‘If words of Act are clear, you need to follow it, even if it leads to absurdity.

‘’not courts business if legislature has committed an absurdity’.

Question 6

Explain Whitley v Chappel (1968) case in relation to Literal Rule

Answer 6

• Offence to impersonate person entitled to vote.
• Defendant pretended to be dead person & took their vote.
• But found not guilty of offence, as Judge interpreted word ‘’entitled’’ literally
• As dead persons no longer entitled to vote defendant did nothing wrong.

Question 7

Explain Advantages of Literal Rule

Answer 7

• Respects Parliamentary Sovereignty
• Ensures laws understandable for public as they’re aware of what the law is & how judges will interpret it.
• Alt approaches may be unpredictable, literal allows for consistency.

Question 8

Explain Disadvantages of Literal Rule

Answer 8

• Leads to absurd results & injustice w/ loopholes in law, creating strange precedents needing Parliamentary time to correct
• Doesn’t realise complexities of language.

Question 9

Define Golden Rule & what aids does it use?

Answer 9

• If literal rule causes absurd result, parliament couldn’t have intended.
• Judge can take more flexible approach to fix absurd results, taking a narrow or wide interpretation considering full statute
• Internal Aids

Question 10

Lord Wensleydale view on Golden Rule in Grey v Pearson (1857)

Answer 10

‘’Words can be modified to avoid an absurdity or inconsistency, but nothing else.’

Question 11

Explain Alder v George (1964) case in relation to Golden Rule

Answer 11

• S3 Official Secrets Act (1920) stated it was offence to obstruct armed forces, in ‘’vicinity’ of a prohibited place.
• Adler was arrested for obstructing forces in a prohibited area.
• But he wasn’t in VICINITY of area – he was IN area.
• Golden Rule extended meaning of ‘vicinity’ to avoid absurd results.

Question 12

Explain Advantages of Golden Rule

Answer 12

• Errors in drafting can be fixed, closing loopholes
• Gives just result, allows judges to use common sense
• Judges can pick most sensible meanings of word w/ multiple meanings.

Question 13

Explain Disadvantages of Golden Rule

Answer 13

• Disregards Parliamentary Sovereignty

- Unpredictable & Lacks Guidelines

Question 14

Define Mischief Rule & what aids does it use?

Answer 14

• First used in Heydon’s case (1584)
• What law was prior to statute, problem statute was trying to remedy.
• Look for Parliament’s intention in passing act.
• Extrinsic Aids