Statutory Interpretation

Question 1

What is a reason for having statutory interpretation?

Answer 1

A word may have several meanings, which can lead to ambiguity.

Ambiguity can arise when the same word is interpreted differently in various contexts.

Question 2

What can affect how the law is applied?

Answer 2

Changes in technology can affect how the law is applied.

Example: Royal College of Nursing v DHSS.

Question 3

What is the literal rule?

Answer 3

Give words their plain, ordinary or literal meaning, even if the result is not very sensible.

Question 4

Who stated that if the words of an Act are clear, they must be followed even if they lead to absurdity?

Answer 4

Lord Esher.

Question 5

What was the outcome of Whiteley v Chappell (1868)?

Answer 5

D was not guilty because, applying the literal rule, a dead person cannot vote.

Question 6

In Fisher v Bell (1961), what did ‘offering for sale’ technically refer to?

Answer 6

It was ‘an invitation to treat.’

Question 7

What was the outcome of LNR v Berriman?

Answer 7

Mrs Berriman was not entitled to the compensation because oiling points was held to be ‘maintaining’ the track.

Question 8

What did the Court of Appeal decide in R (Haw) v SOS for the Home Department (2006)?

Answer 8

They refused to apply a literal approach to a new piece of legislation as they felt it would not reflect the intention of Parliament.

Question 9

What is one advantage of the literal rule?

Answer 9

Respects the sovereignty of Parliament and prevents unelected judges from making law.

Question 10

What is a disadvantage of the literal rule?

Answer 10

Can lead to unfair or absurd results.

Question 11

What does the golden rule modify?

Answer 11

It modifies the literal rule to avoid an absurd result.

Question 12

What was the outcome of Adler v George (1964)?

Answer 12

The golden rule wide approach was used, so that ‘in the vicinity of’ could mean on or near the prohibited place.

Question 13

What is one advantage of the golden rule?

Answer 13

Errors in drafting can be corrected immediately.

Question 14

What is a disadvantage of the golden rule?

Answer 14

Judges are able to add or change the meaning of statutes and thereby become law makers infringing the separation of powers.

Question 15

What is the definition of the mischief rule?

Answer 15

Judges look for the ‘mischief’ the Act was designed to remedy, and interpret the Act in such a way that a remedy is achieved.

Question 16

What are the three points to consider when using the mischief rule according to Heydon’s Case (1584)?

Answer 16

• What the law was before the statute was passed
• What problem, or ‘mischief’, the statute was trying to remedy
• What remedy Parliament was trying to provide

Question 17

What was the outcome of Smith v Hughes (1960)?

Answer 17

D’s guilty. The activities were held to be in a public place or street for the purposes of the Act.

Question 18

What is one advantage of the mischief rule?

Answer 18

Tries to give effect to the true intentions of Parliament and promotes the purpose of the law.

Question 19

What is a disadvantage of the mischief rule?

Answer 19

Gives unelected judges too much power.

Question 20

What is the literal rule in law?

Answer 20

Give words their plain, ordinary or literal meaning, even if the result is not very sensible.

Lord Esher stated: ‘If the words of an Act are clear then you must follow them even if they lead to a manifest absurdity.’

Question 21

What was the outcome of Whiteley v Chappell (1868)?

Answer 21

D was not guilty because, applying the literal rule, a dead person cannot vote.

The case involved D impersonating someone who had died to vote.

Question 22

What legal principle was confirmed in Fisher v Bell (1961)?

Answer 22

D was not guilty, because technically, this was not an offer for sale. It was ‘an invitation to treat.’

Question 23

What was the significance of LNR v Berriman?

Answer 23

Mrs Berriman was not entitled to compensation because oiling points was held to be ‘maintaining’ the track and not ‘relaying or repairing.’

Question 24

What did the Court of Appeal decide in R (Haw) v SOS for the Home Department (2006)?

Answer 24

The Court of Appeal refused to apply a literal approach to a new piece of legislation as they felt it would not reflect the intention of Parliament.

Question 25

What is one advantage of the literal rule?

Answer 25

Respects sovereignty of Parliament and prevents unelected judges from making law.

Question 26

What is a disadvantage of the literal rule?

Answer 26

Can lead to unfair (Berriman) or absurd results (Whiteley).

Question 27

What is the definition of the golden rule?

Answer 27

A modification of the literal rule. Start with literal rule but avoid an absurd result.

Question 28

What was the outcome of Adler v George (1964)?

Answer 28

The golden rule wide approach was used, so that 'in the vicinity of' could mean on or near the prohibited place.

Question 29

What is a disadvantage of the golden rule?

Answer 29

Judges are able to add or change the meaning of statutes, infringing the separation of powers.

Question 30

What does the mischief rule involve?

Answer 30

Judges look for the 'mischief' the Act was designed to remedy, and interpret the Act in such a way that a remedy is achieved.

Question 31

What are the three points considered in Heydon's Case (1584) when using the mischief rule?

Answer 31

* What the law was before the statute was passed * What problem, or 'mischief', the statute was trying to remedy * What remedy Parliament was trying to provide

Question 32

What was the significance of RCN v DHSS (1981)?

Answer 32

HOL used the mischief rule and said that the mischief to be avoided was illegal, backstreet abortions with no medical care.

Question 33

What is the purposive approach?

Answer 33

Courts identify the purpose of the Act and construe doubtful passages in accordance with that purpose.

Question 34

What was the outcome of Jones v Tower Boot (1997)?

Answer 34

D was liable using the purposive approach. Parliament's intention was to stop discrimination in the workplace.

Question 35

What is one advantage of the purposive approach?

Answer 35

Promotes the purpose of the law and leads to justice in individual cases.

Question 36

What is a disadvantage of the purposive approach?

Answer 36

Gives too much power to unelected judges who are refusing to follow the exact words of Parliament.

Question 37

What is the mischief rule?

Answer 37

A rule used to interpret statutes by identifying the mischief the law aims to prevent.

Question 38

What was the outcome of the HOL's application of the mischief rule in relation to abortion pills?

Answer 38

The nurses were acting lawfully as the mischief to be avoided was illegal, backstreet abortions without medical care.

Question 39

What are the advantages of the mischief rule?

Answer 39

* Gives effect to the true intentions of Parliament * Promotes the purpose of the law * More likely to produce a fair or just result * Allows law to adapt to changing circumstances

Question 40

What are the disadvantages of the mischief rule?

Answer 40

* Gives unelected judges too much power * Judges should only apply law, not make it * May lead to uncertainty and confusion

Question 41

Define the purposive approach.

Answer 41

An approach where courts identify the purpose of the Act and construe doubtful passages accordingly.

Question 42

What case exemplifies the purposive approach in relation to workplace discrimination?

Answer 42

Jones v Tower Boot (1997)

Question 43

What are the advantages of the purposive approach?

Answer 43

* Used by the ECJ * Promotes justice in individual cases * Broad approach covering more situations * Useful for new technology or medical advances

Question 44

What are the disadvantages of the purposive approach?

Answer 44

* Gives too much power to unelected judges * Judges become law makers infringing Separation of Powers * Finding Parliament's intention is not easy

Question 45

What are the main types of aids to interpretation?

Answer 45

* Presumptions * Internal (intrinsic) aids * External (extrinsic) aids

Question 46

What is a presumption in statutory interpretation?

Answer 46

A starting point that certain points are applicable in all statutes unless explicitly stated otherwise.

Question 47

List some main presumptions in statutory interpretation.

Answer 47

* Statutes do not change the common law * Mens rea is required in criminal cases * The Crown is not bound by any statute * Statutes do not apply retrospectively

Question 48

What are internal (intrinsic) aids?

Answer 48

* Long and short title of the Act * Interpretation Section * Schedules * Marginal notes and headings * Punctuation

Question 49

What is an example of an internal aid?

Answer 49

The long title of The Abortion Act 1967.

Question 50

What are external (extrinsic) aids?

Answer 50

* Dictionaries * The Interpretation Act 1978 * Previous Acts of Parliament and earlier case law * The Human Rights Act 1998 * Hansard

Question 51

What does the Human Rights Act 1998 require from the courts?

Answer 51

To interpret legislation in line with Convention rights as far as possible.

Question 52

What was the significance of the case Ghaidan v Mendoza (2004)?

Answer 52

It established that the Rent Act 1977 applies to same-sex partners, ensuring compatibility with the European Convention on Human Rights.

Question 53

True or False: The purposive approach is narrower than the literal rule.

Answer 53

False.

Question 54

Fill in the blank: The long title of an Act can serve as an _______ aid.

Answer 54

internal

Question 55

What is the role of Hansard in statutory interpretation?

Answer 55

To provide insights into the intentions of Parliament during the passing of an Act.

Question 56

What was the first case that allowed Hansard to be used in statutory interpretation?

Answer 56

Pepper v Hart (1993)