What is statutory interpretation?
Statutory interpretation is the process of interpreting statutes (Acts of parliament) by judges.
Why would statutory interpretation be necessary?
Most statutes are very clear and specific, however judges still need to use statutory interpretation to help them interpret the law properly.
What are some reasons we may need statutory interpretation?
- Changes in language.
- Ambiguous/words with more than one meaning may be used.
- May be unforeseeable developments.
What are the 3 rules used in statutory interpretation?
- The literal rule.
- The golden rule.
- The mischief rule.
What is the literal rule?
The words in the law are given their ordinary and natural meaning. They are read literally.
What case links to the literal rule?
Cheeseman v DPP (1990).
-The use of literal rule on the word ‘passenger’.
What is the golden rule?
- Is used to prevent inconsistency and absurdity when interpreting an Act literally. It can be applied narrowly or widely.
- Can look at different words meaning.
What is the narrow approach?
There’s only 2 obvious meanings. The judge chooses the most obvious meaning.
What is the wider approach?
There are more than 2 meanings. The judge chooses the one with the most logical meanings.
What is mischief rule?
Judge looks at the government’s intentions at the time of when the law was made. To see why they chose that law.
What is purposive approach?
It allows judges the maximum amount of flexibility to interpret laws to make sure they make the fairest decision.
What are advantages of the literal rule?
- Follows the exact words Parliament used.
- Makes the law more certain, as the law will be interpreted exactly as written.
What are disadvantages of literal rule?
- Assumes every act is perfectly drafted. Draftsmen cannot get each act perfect.
- Words they have used may have more than one meaning.
- Following exact words can lead to unjust/unfair decisions.
What are advantages of golden rule?
- Provides escape route when using literal rule.
- Allows judges to use the most sensible meaning where there is more than one meaning.
- Avoids absurd outcomes.
What are disadvantages of golden rule?
- Very limited in use.
- Not always possible to define what is ‘absurd’. Subjective decision may give judge too much discretion.
What are advantages of mischief rule?
- Allows judges to look back at the gap in law to act was designed to cover.
- Approach is more likely to produce a ‘just’ result.
- Allows judges to interpret what Parliament meant it to work.
What are disadvantages of mischief rule?
- Risk of judicial law making.
- Judges don’t always know when to use the rule.
- May lead to uncertainty in the law.
