What is statutory interpretation
the process by which judges decide what a statute means and how it should be applied/interpreted
What is the literal rule
Gives all the words in the statute their ordinary and natural meaning, the literal meaning must be followed even if it leads to an absurd result
What is the definition case for the literal rule and what was said
R v Judge of London
Lord Esher stated “if the words in the act are clear, you must follow them, even though they lead to a manifest absurdity”
What is the application case for the literal rule
Whitely v Chappell
What is the golden rule
When the literal rule gives an absurd result, then and only then can a judge substitute reasonable meaning in light of the statute as a whole
What is the definition case for golden rule and what was stated
Grey v Pearson
Lord Wensleydale stated that “words can be modified to avoid the absurdity but no further”
What is the application case for golden narrow
R v Allen
What are the application cases for golden broad
Re Sigsworth
Adler v George
What is the mischief rule
A type of purposive approach but judges are limited to the defect in the old common law
What is the definition case for the mischief rule
Heydon’s case
What is the 4 part test in the Heydons case
Law before
what was the mischief
What remedy parliament trying to provide
Real reason for Remedy
What is the application case for mischief rule
Royal college of nurses v DHSS
What is the purposive approach
This looks at the intention of parliament and is not restricted to defect in old common law
What is the definition case for purposive approach and what was said
Magor St Melons
Lord Denning said that “we sit here to find the intention of parliament and do it best by filling in the gaps, rather than opening up language to destructive analysis”
What is the application case for purposive approach
Jones v Tower boot
What are 3 presumptions judges make about the law
S2 HRA applies to every act of parliament.
Legislation does not operate retrospectively.
Presumption that all crimes require mens rea
What are the 3 intrinsic aids to interpretation
Interpretation section
Short and long title
Rules of language
What case shows the interpretation section as an aid
R v Bogdal, defining “public place”
What are the 3 rules of language
Ejusdem generis (of the same genus)
Expressio unius est exclusio alterius (the expression of one thing is the exclusion of others)
Noscitur a sociis (a man is known by his associates)
What is the Ejusdem generis rule
List of specific words followed by a general word
What case shows Ejusdem generis
Powell v Kempton racecourse
What is the expressio unuis rule
No general words within an act so judge must interpret act to only include things within the list
What case shows expressio unius
Re inhabitants of Sedgley
What is the noscitur a sociis rule
Judge must look at words in the context of the act as whole
