Statutory interpretation

Question 1

What is statutory interpretation

Answer 1

How judges work out the meaning of words in acts of parliament and see how this applies

Question 2

Literal rule

Answer 2

The judge abided by the literal meaning of words at hand

Question 3

Interpretation act 1978

Answer 3

Provides standardised rules for interpretations statues, ensures consistency in legal a
Language and application

Question 4

CASE for literal rule

Answer 4

Fisher v bell 1961

Question 5

Golden rule

Answer 5

Extend the meaning of the word to prevent an absurd result

Question 6

CASE for golden rule

Answer 6

Alder v George 1964

Question 7

Mischief Rule

Answer 7

Judges identify what mischief the act is trying to prevent

Question 8

CASE for mischief rule

Answer 8

Smith v Hughes 1960

Question 9

Purposive approach

Answer 9

Judge identifies the purpose of the act

Question 10

CASE for the purposive approach

Answer 10

Pepper v Hart 1993

Question 11

Extrinsic Aids

Answer 11

Found outside the act to find the meaning of words

Question 12

Examples of extrinsic aids

Answer 12

Dictionary, Hansard, Human rights act 1998

Question 13

CASE for Hansard

Answer 13

Pepper v Hart 1998

Question 14

Intrinsic aids

Answer 14

Found inside the act eg preamble, headings

Question 15

Esjudem generis

Answer 15

(“of the same kind”). When a general term follows specific ones, it includes only things of the same type.

Question 16

Expressio rule

Answer 16

(“the mention of one thing excludes others”) If only specific things are listed, anything not mentioned is excluded.

Question 17

Noscitur a Sociis

Answer 17

(“a word is known by the company it keeps”). A word takes meaning from surrounding words.

Question 18

CASE for Esjudem generis

Answer 18

powell v kempton 1898

Question 19

CASE for Expressio rule

Answer 19

Tempest v Kilner 1846

Question 20

Noscitur a Sociis

Answer 20

Foster 1887

Question 21

s3 Human rights act 1998

Answer 21

all legislation should be interpreted in compliance to human rights as far as it is possible to do so

Question 22

CASE for s3 Human rights ACT 1998

Answer 22

Ghaidan v Godin-Mendoza (2004): word “spouse” was reinterpreted to include same-sex partner.

Question 23

Why might judges need to interpret statutes? (with cases)

Answer 23

1. Broad Term used (Brock v DPP 1993)
2. Changes in use of language (Cheeseman v DPP 1990)
3. Ambiguous words
4. New developments (Royal college of nursing v DHSS)

Question 24

What happened in Brock v DPP 1993?

Answer 24

Interpreted the use of the word “Type” in the dangerous dogs act.

Question 25

What happened in Cheeseman v DPP 1990?

Answer 25

Interpreted the use of the phrase "Exposing oneself".

Question 26

What happened in royal college of nursing v DHSS 1981?

Answer 26

New medical developments after the act was passed.

Question 27

What happened in Whiteley v Chappel 1868?

Answer 27

It was an offence to "impersonate anyone entitled to vote" and D pretended to be a dead person to count a vote. The judge interpreted "entitled" literally and found D not guilty.

Question 28

What happened in r v allen 1872?

Answer 28

Interpreted "marry" under s57 OAPA61 as "to go through with the ceremony". Narrow Application of the golden rule

Question 30

Example of the wide interpretation of the golden rule

Answer 30

Re sigsworth 1935: Son who murdered his mother was stopped from obtaining her inheritance stopping an absurd result.

Question 31

What is the golden rule a modification of?

Answer 31

The literal rule: if the literal rule leads to an absurd result, the court can alter it.