What are the four rules, to statutory interpretation ?
-Literal Rule
-Golden Rule
-Mischief Rule
-Purposive Rule
What is the Literal Rule ?
Courts give the words their plain, ordinary, or literal meaning, even if the outcome is absurd. Here the courts will often make use of a dictionary.
Why would the Literal Rule be used ?
What is a potential issue, with the Literal Rule ?
-Its probably the most common rule of interpretation used by the courts as its the least controversial.
-Judges that support this rule believe that it is not their job to change the wording of an Act of Parliament, such as Lord Esher (1982) stating: ‘If the words of an Act are clear, you must follow them, even if they lead to a manifest absurdity.’
This approach is heavily criticised, as it has led to injustice in cases, where ambigious wording is taken literally. Thus allowing loopholes to be exploited…
Which cases come under the Literal Rule ?
Briefly, what happened in each case ?
Whiteley v Chappel
Inland Revenue Commissioner v Hinchy:
LNER v Berriman
Fisher v Bell
Registered Voter (“entitled to vote”)
Post Office Tax (“a fine plus treble the tax he ought to have paid”)
Railway Worker (“not relaying or repairing”)
Knife in shop window (“invitation to treat”)
What is the Golden Rule ?
This rule is a modification of the literal rule. The golden rule starts by looking at the literal meaning, but if it leads to an absurd result, this can be avoided.
Why would the Golden Rule be used ?
What is a potential issue of the Golden Rule ?
-The golden rule is therefore the safety valve of the literal rule. When the literal rule provides a perfectly sensible outcome, there will not be any need to use the golden rule.
-Therfore, the Golden rule is merely used to avoid injustice caused by ambigious wording.
Judges can simply bypass parliaments defintions. Parliament themselves well-select specific words to avoid misjustice and to reach a precise a d fair judgment. The ability for judges to undermine this negates the certainty of law, and breaches the seperation of powers, alongside parliamenrary supremacy and judicial independance.
What are the two approaches to the Golden Rule ?
-Wide View
-Narrow View
What is the Wide View ?
What is a case, which shows the wide view ?
The words only have one meaning, but this would
lead to a repugnant situation, so the golden rule can
be used to modify the meanings of the words of the
statute to avoid this problem.
(Re Sigsworth)
Act stated the order of relatives that could inherit property
where there was no will. Sigsworth was the only surviving son of the deceased, his mum, but he had killed her.
What is the Narrow View ?
Which two cases, show the narrow view ?
Court may only choose between the two possible
meanings of a word or phrase.
Choosing whichever one which prevents an injustice…
R v Allen
Marriage, technically has two meanings, allowing Allen to commit bigamy, the definition which prevented injustice was chosen.
Addler v George
The Official Secrets Act made it an offence to obstruct HM Forces in the vicinity of a prohibited place. D had obstructed HM Forces actually in the prohibited place.
What is the Mischief Rule ?
What is a potential issue, with the mischief rule ?
-Courts look to see what the law was before the Act was passed in order to discover what “mischief” the Act was intended to cover.
-The courts should interpret the Act in such a way that the mischief is dealt with.
Judges can eeffcetively create an offence ‘after the event’, which undermines the certainty and predictability of law, ultimately conflicting with the rule of law - as individuals are punished for crimes that didnt exist at the time of the event - due to gaps in the law…
What test is used, under the mischief rule ?
Heydons Case
What is the “Heydons Case” test, for the mischief rule ?
4 parts…
- What was the common law before the making of the Act ?
- What was the mischief and defect for which the common law did not provide ?
- What was the remedy that Parliament resolved ?
- The true reason for that remedy.
Which cases come under the Mischief rule ?
Briefly, what happened in each case ?
Corkery v Carpenter
Smith v Hughes
Defendant, was found drunk, riding a bicycle and was charged under the Licensing Act. The Act intended to prevent the mischief of drunken people on the highway using any form of transport - to maintain public order and safety - even though it was just a bicycle.
Six prostitutes were arrested for trying to attract customers by
signalling to them from balconies and windows. The act said it must be in the streets… Courts stated the mischief the Act intended to cover was to “clean up the streets” and as they could be “seen” from the street, they were guilty.
What is the purposive approach ?
-Goes beyond the mischief rule as the judges are deciding what they believe Parliament meant to achieve.
-It looks at the spirit of the law, rather than the strict letter and tries to give effect to the
wider purpose of the law.
What is the main purpose of the purposive rule ?
Fairly recent rule, seen as a modern version of the mischief rule, introduced as a means of interpreting European law, as ambigities cam arise when definitions are translated into different languages.
What cases come under the Purposive Rule ?
Briefly, what happened in each case ?
R v Registrar General ex parte Smith
Jones v Tower Boot Co
D was rejected his right to his birth certificate, as he had been convicted of two violent murders, and was being detained at Broadmoor. Although he was entitled to this information under the act, his intention to use the infomation to cause harm, would contradict the purpose of the act itself…
The co-workers charged under the Race Relations Act, had not been acting “in the course of their employment” in the strict legal sense, so was not responsible, however the purpose of the Act was to eliminate discrimination, compensate victims and punish
perpetrators, so the employer was found liable, tpo align with the acts intentions.
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Bills10
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Legislative Process12
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Influences on Parliament5
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Delegated Legislation | Types14
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Delegated Legislation | Need8
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Delegated Legislation | Controls12
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Statutory Interpretation17
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Aids to Interpretation11
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Binding Precedent | Hierarchy of Courts16
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Original Precedent7
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Persuasive Precedent12
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* Avoiding a Binding Precedent14
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Law Reform14
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EU Law0
