statutory interpretation

Question 1

why is statutory interpretation needed?

Answer 1

Once Parliament has passed an Act, it then falls to the courts to apply the statute in a particular case. This can lead to difficulties where the facts of the case may not have been envisaged by Parliament or where there exist drafting errors or ambiguity in the statute. There exists The Interpretation Act of 1978 which provides certain basic definitions such as singular includes plural and he includes she. In addition the courts have developed rules to assist judges in interpreting statutes.

Question 2

what are the rules of statutory interpretation?

Answer 2

1. Literal rule
2. The Golden rule
3. The Mischief rule
   in addition to these rules exists the Purposive Approach.

Question 3

what is the literal rule?

Answer 3

a rule of statutory interpretation that gives the words their plain, ordinary, dictionary meaning. Developed in nineteenth century and still used as a starting point for interpreting any legislation.

Question 4

what are some cases using the literal rule?

Answer 4

Whiteley v Chappell (1868) - not guilty of impersonating someone entitled to a vote because a dead person was not entitled to vote

Question 5

what is the golden rule?

Answer 5

a modification of the literal rule to avoid an interpretation that is absurd.

Question 6

what are some cases using the golden rule?

Answer 6

Re v Sigsworth (1935) - a son who murdered his mother could not inherit her estate as it would be repugnant (uses wider application of the golden rule)

Question 7

what is the mischief rule?

Answer 7

it looks back to the gap in the previous law and interprets the Act so as to cover the gap or ‘mischief’

Question 8

what are some cases using the mischief rule?

Answer 8

Smith v Hughes (1960) - prostitutes calling from doorways, balconies were ‘in the street or a public place’

Question 9

what is the purposive approach?

Answer 9

goes beyond the mischief rule, the court look to see what is the purpose of the law passed by parliament.

Question 10

what are intrinsic aids?

Answer 10

matters within the statute itself that may help to make its meaning clearer:
The long title of the Act
Explanatory notes
Other sections of the Act
Definition sections in the Act

Question 11

what are extrinsic aids?

Answer 11

outside the act that can help explain meaning of words in an Act:
Dictionaries
text books
Academic writings
Law Commission Reports
Case law from other jurisdictions
Hansard

Question 12

what are advantages of literal rule?

Answer 12

• follows words of parliament
• prevents unelected judge making law
• makes law more certain
• easier to predict how the judges will interpret the law.

Question 13

what are disadvantages of the literal rule?

Answer 13

• not all acts are perfectly drafted
• have more than one meaning
• can lead to unfair, unjust decisions

Question 14

what are advantages of the golden rule?

Answer 14

• respects words of parliament
• allows judges to choose most suitable meaning
• avoids worst problems of the literal rule

Question 15

what are disadvantages of the golden rule?

Answer 15

• can only be used in limited situations
• not possible to predict when courts will use it
• Michael Zander described it a s a ‘feeble parachute’; it is an escape route but can’t do very much.

Question 16

what are advantages of the mischief rule?

Answer 16

• deals with the mischief parliament was trying to deal with
• fills in the gap in the law
• produces a ‘just’ result

Question 17

what are disadvantages of the mischief rule?

Answer 17

• risk of judicial law making
• not as wide as the purposive law
• limited to look back at the old law
• can make the law uncertain

Question 18

what are advantages of the purposive approach?

Answer 18

• leads to justice in individual cases
• allows for new developments in technology
• avoids absurd decisions

Question 19

what are disadvantages of the purposive approach?

Answer 19

• difficult to find parliament’s intention
• allows judges to make law
• leads to uncertainty in the law

Question 20

what are the 3 rules of language?

Answer 20

• Ejusdem generis - general words which follow a list are limited to the same kind
• Expressio unius - the express mention of one thing excludes others
• Noscitur a sociis - a thing is known by the company it keeps.

Question 21

what is the impact of EU law on statutory interpretation?

Answer 21

EU laws use the purposive approach

• interpreting national law in in the light and aim of the European Union law
• has made out judges more ready to use the purposive approach

Question 22

what is the impact of the Human Rights Act 1998 on statutory interpretation?

Answer 22

legislation must be read and given effect in a way which is compatible with the rights in the European Convention on Human Rights

case example: Mendoza v Ghaidan (2002)