what is the point of statutory interpretation
- meaning of statues can be uncertain
- ambiguous wording
- new developments
- changes in the use of language.
what is the translation exercise
where the courts decide what a word or phrase means
what is application exercise
where they determine exactly how those words should apply to the facts of the case.
under what act do judges interpret statute
Interpretation act 1978- provides standard meanings for common words, presumption is that if one of these words is used in a statutory provisions, then it it deemed to have the meaning unless expressly noted in the statute.
what are the different rules of interpretation
- literal rule
- golden rule
- mischief rule
- purposive rule
what is the literal rule
- based on simple assumption
- the words chosen by parliaments in an act clearly express its intention, under this approach.
- judges focus on what was said not what it might mean.
- emphasis on the linguistic meaning of the words rather then the purpose of the act or its wider context.
- judges simply apply the words as written.
what did lords esher state in the case of R v City of London court judge 1892 for the literal rule
“If the words of an Act are clear, you must follow them, even though they lead to manifest absurdity. The court has nothing to do with the question of whether the legislature has committed an absurdity.”
what happened in the case Fisher v Bell 1961 for the literal rule
This case highlights the rigidity of the literal rule and why sometimes court may turn to other approached to try to avoid absurdity.
Judges have stressed the importance of sticking to the words of parliament when interpreting statues.
what are the different Principle of separation of powers
legislative- makes the law.
executive- implements the law.
judiciary- interprets and applies the law.
what happened in the case Duport Steels ltd v SIRS 1980 for the different principles of separation of powers.
- ‘Where the meaning of the statutory words is plain and unambiguous, it is not for the judges to invent fancied ambiguities as an excuse for failing to give effect to its plain meaning because they themselves consider that the consequences of doing so would be inexpedient or even unjust or immoral’. Per Lord Diplock
- ‘In the field of statute law the judge must be obedient to the will of Parliament…the judge’s duty is to interpret and to apply the law, not to change it to meet the judge’s idea of what justice requires…Unpalatable statute law may not be disregarded or rejected, merely because it is unpalatable…If Parliament says one thing but means another, it is not, under the historic principles of the common law, for the courts to correct it…We are to be governed not by Parliament’s intentions but by Parliament’s enactments’. Per Lord Scarman
what is the golden rule
- allow judges to depart from the literal meaning of the words then applying that meaning would lead to absurd or unacceptable result.
- acts as a safeguard against the righty of the literal rule.
- based on the presumption that parliament does not intend absurdity.
what are the 2 types of application for the golden rule
narrow
wider
what is the narrow application for the golden rule
when a word or phrase has more than one meaning
what case relates to R v Allen 1872 for the narrow application for the golden rule
The word marry was interpreted as to go through a marriage ceremony because a literal reading would means that a married person could not marry again, which would make the offence impossible to commit.
what is the wider application for the golden rule
when a word has one meaning but application would lead to absurdity. Court may modify the meaning to align with legislative intent.
what is the case applies for wider application for the golden rule
River Wear Commissioners v Adamson (1877)
what happened in the case River Wear Commissioners v Adamson (1877) for the golden rule
Court adjusted the wording to prevent an absurd mistake and achieve a more reasonable outcome.
what did the golden rule allow judges to do
gives them flexibility but still respects the words of the statute to try and uphold the supremacy of parliament
what case related to the golden rule
Grey v Pearson [1857] 10 E.R. 1216
what happened in the case Grey v Pearson [1857] 10 E.R. 1216 relating to the golden rule
Lord Wensleydale: “The grammatical and ordinary sense of the words is to be adhered to, unless that would lead to some absurdity, or some repugnance or inconsistency with the rest of the instrument, in which case the grammatical and ordinary sense of the words may be modified so as to avoid that absurdity and inconsistency, but no farther.”
what is the mischief rule
- interprets statue to suppress mischief and advance remedy based on.
- last of the traditional approaches taken by court.
what questions do the judges have to consider in the mischief rule
- what was the common law before the act?
- what was the defect or mischief for which the common law did not provide?
- what remedy did parliament intend to provide?
- what was the true reasoning for that remedy?
what case realtes to the mischief rule
Smith v Hughes [1960]
when is the mischief rule often used?
when statutory language is ambiguous and serves as a secondary tool for trying to clarify the meaning.
- focuses on legislature intent at time of drafting.
- presumes courts act to prevent evasions and promise pubic good.
