What Is Statuory Interpretation Flashcards
What does statutory interpretation mean?
Process of working out meaning of words in act of parliament
Why might meanings of an act be unclear?
Ambidgity= 2 or more meaning
Drafting errors= error by parliament
Change of use langauge= words changing overtime
What are the 6 statues that judges follow one by one?
Literal rule
Golden rule
Mischief role
Purposive rule
Intrinsic (within) and extrinsic (outside act) aids
Effects of EU law and Human rights act
What happens to an EU law, where can it straight go to?
Purposive rule
What is the literal rule?
Ordinary meaning even if it leads to absurdity
Whitley V Chappel
Dead people are not entitled to vote, therefore no offence committed
London + NE Railway co + beriman
Mr B was not literally doing his job when he was killed
Fisher V Bell
Displaying an item in contract law is known as Invitation to treat
Cheeseman V DPP
Oxford English Dictionary meant “a traveller someone on foot by passing through” police were stationed not passengers
What is the golden rule
Application of literal rule leading to absurdity
What are the 2 approaches which courts will apply second meaning?
Narrow = courts choose between meanings
Wide = one clear meaning
Narrow cases- Jones V DPP
If there are capable of more than one meaning then you can choose, but beyond this you can’t
R V Allen
Court interpreted the phrase “ to marry” to go through a ceremony of marriage
Adler V George
Narrow approach used to extend the meaning of within the vicinity to include in as-well as around the base
Wide- RE sigsworth
Wide approach used to prevent repugnant outcome
Haw V Home Secretary
Allowing protest that started before 2005 act would be repugnant
What is the mischief rule
Requires the judge to look for missing gaps/mischief that needed to be cover
Smith V hughes
D’s activities were bothering men on the street, was mischief rule
Royal college of Nursing V DHSS
Mischief act was designed to stop backstreet abortions with no medical care
Eastonboure BC V Stirling
Although he was on private land he was likely to get custom
What is purposive approach?
Modern rule of mischief but Judges decide what the parliament was trying to say
What do EU Law and E judges use?
Purposive rule
R V register
Purpose behind act was to reunite families and create new family units
Jones V Tower Boot
Purpose was to band racism in workplace
R V Z
Purpose behind act was to ban memberships of terrorists organisations
What is examples of intrinsic aid
Long Titles that come within the act itself
What are examples of Extrinsic aid?
Outside the act
Oxford dictionary, law reports
What must judges do when making a legalisation?
Must real all legalisation that occur without causing problems with European Convention on Human rights
What happens when an act has more than one meaning?
Judge must choose a meaning that makes the English law compatible with European convention on human rights
What happens when the Law is incompatible with the European convention on human rights
Judge makes declaration of incompatibility which alert government to change legislation
