Statutory Interpretation

Question 1

What is Statutory Interpretation ?

Answer 1

• Judges give meaning to the words of an Act of Parliament when delivering judgment in court
• Judges can pick a rule to use from the choice of 4 :Literal rule, Golden rule, Mischief rule and Purposive appraoch

Question 2

Explain the Literal Rule

Answer 2

P - The Literal Rule

E - The Judge will give words in the Literal
( dictionary ) meaning even if the result is not sensible

• The Literal Rule was developed in the early 19th century and has been the main Rule applied

R - Cheeseman v DPP 1990

Question 3

Explain the Golden Rule

Answer 3

P - The Golden Rule

E - Modification of Literal rule - starts looking at Literal meaning but judge can avoid Interpretation that will lead to absurd result

2 ways Golden Rule used :
- Narrow Approach - Court can choose between different meaning’s but if there is only 1 then the court must follow it
R - Adler v George 1964

Broad Approach - If meaning of the words lead to a repugnant result then the judge will modify the words
R - Re Sigsworth 1935

Question 4

Describe the Mischief Rule

Answer 4

P - The Mischief rule

E - Focuses on what the Law was before the statute was passed in oder to discover the what gap the act was intended to cover

judge has more discretion than the other 2 rules

Hayden’s case (1584) court 4 points

• Mischief Rule requires identification of Mischief before it can be used

R - Smith v Hughes 1960

Question 5

Explain the purposive approach ?

Answer 5

E - Judges deciding what parliament meant to achieve
( Parliaments purpose )
+
meaning of words and the gap of old law

ensures the purpose of the act is given effect

R - R v Registrar - General
ex parte Smith ( 1990 )