Statutory Interpretation - Law Making

Question 1

What are the advantages of the literal rule

Answer 1

The main advantage of the literal rule is that the rule follows the words that the democratically elected parliament has used. Parliament is our law making body and it is right that judges should apply the law exactly as it is written. Using the literal rule prevents unelected judges from making law. Another advantage is that using the literal rule should make the law more certain as the law will be interpreted exactly as it is written. This makes it easier for lawyers to know what the law is and how judges will apply it.

Question 2

What are the disadvantages of the literal rule

Answer 2

• The literal rule assumes every act is perfectly drafted. It is not always possible to word an act so that it covers every situation parliament meant.
• The words may have more than one meaning so the act is unclear. Often in dictionaries words are defined with several different meanings
• Following the words exactly can lead to unfair or unjust decisions

Question 3

What is the literal rule

Answer 3

Under this rule courts will give words their plain ordinary or literal meaning even if the result is not very sensible

Question 4

What cases can be used for the literal rule

Answer 4

Whiteley and Chappell which under the literal rule led to an absurd decision
London and North eastern railway co. V Berriman which also led to an unjust decision

Question 5

What is the mischief rule

Answer 5

The mischief rule looks back to the gap in the previous law and interprets the act so as to cover the gap

Question 6

What is the golden rule

Answer 6

The rule is a modification of the literal rule to avoid an interpretation that is absurd

Question 7

What is the purposive approach

Answer 7

The purposive approach is where the courts look to see what is the purpose of the law passed by parliament

Question 8

What are the 2 approaches under the golden rule

Answer 8

• The narrow approach which is where the court can only choose between the possible meanings of a word for example in the Adler v George case
• The wider approach which is where the courts can modify the words in order to avoid a problem for example in the Re Sigsworth case

Question 9

Why do we need statutory interpretation

Answer 9

• changes in the use of language
• the craftsmen may use a broad term and leave it to the user to judge
• ambiguous words may be used
• there may be unforeseeable developments