Statutuory Interpretation

Question 1

What is statutory interpretation?

Answer 1

It is the role of the courts to decide what parliament meant by the words used in the statute

Question 2

What are the 4 rules?

Answer 2

1. Literal rule
2. Golden rule
3. Mischief rule
4. The purposive approach

Question 3

What is the literal rule?

Answer 3

Judges give words in statutes their ordinary natural dictionary meaning

Question 4

Case of literal rule?

Answer 4

Fisher v Bell

1. Flick knife in shop window with price tag
2. ‘Offer for sale’
3. Technical legal meaning of ‘offer for sale’ from contract law, under which putting an article in a shop window is not offer for sell
4. Not guilty

Question 5

Another case in literal rule?

Answer 5

Whitely V Chappell

1. Impersonating voting
2. ‘Entitled to vote’
3. Not guilty because literal meaning

Question 6

Advantages of literal rule?

Answer 6

1. Best way to interpret the intention of the parliament is to follow the literal meaning
2. Encourages certainty
3. Doing Parliament a service by drawing faulty

Question 7

What are the disadvantages of literal rule?

Answer 7

1. Lead to an absurd conclusion
2. Not what parliament intended
3. Words might have one or more meaning
4. External aids could have cleared up any uncertainty over the interpretation of the Act

Question 8

What extern aid to the judges use for literal rule?

Answer 8

Dictionary

Question 9

What is the golden rule?

Answer 9

Modification of literal rule and may be used if a judge considers that the literal rule would lead to an absurd outcome

Question 10

What is narrow way in golden way?

Answer 10

Words are capable of having more than one meaning, the meaning that is least absurd should be used

Question 11

What is the wider way in the golden rule?

Answer 11

Modify clear words in a statute to avoid an absurdity

Question 12

Advantages of the golden rule?

Answer 12

1. Provides an ‘escape rule’ to prevent absurdity and injustice
2. Judges put into practice what parliament really means.
3. It allows the judges to choose the most sensible meaning

Question 13

Disadvantages of the golden rule?

Answer 13

1. Deciding when a literal interpretation produces an absurd result
2. Difficult for lawyer to advise their client
3. Unelected judges are bringing to make law
4. Can be undemocratic
5. Very limited in its use

Question 14

What case is the narrow way in golden rule?

Answer 14

Adler V George

1. D was caught inside an RAF base and staging a protest. He was accused of obstructing a member of armed forces
2. ‘In the vicinity of ‘
3. The court held that ‘in the vicinity of’ could mean ‘near to’ or ‘near within’ and chose to secure conviction

Question 15

What case was the wider way in golden rule?

Answer 15

Re Sigsworth

1. Son murdered his mother to get estate
2. No ambiguity in the Act but didn’t want him to get away
3. Son was guilty

Question 16

What are the four factors in mischief rule?

Answer 16

1. What was the common law before the statute?
2. What problem or mischief was the statute trying to remedy(sort out)?
3. What was the remedy(solution) proposed by parliament?
4. What was the true reason for that remedy?

Question 17

What case used in mischief rule?

Answer 17

Smith V Hughes

1. 2 women and one was attracting male customers from balcony and other on window. ( prostitutes)
2. ‘In a street or public place’
3. Enables people to walk in public being harassed
4. Guilty

Question 18

What was the case in mischief rule?

Answer 18

Royal college of nursing V Dhss

1. A lawful abortion by nurses
2. ‘Registered medical practitioner’
3. Allowed nurse to carry out abortion

Question 19

Advantages of the mischief rule?

Answer 19

1. Helps avoid absurd and unjust outcomes
2. Emphasis on making sure that mischief or gap in law prior to statute is remedied
3. Follow will of parliament
4. Promotes flexibility

Question 20

Disadvantages of mischief rule?

Answer 20

1. Relies on being able to find out what mischief in the common law

Question 21

What is purposive approach?

Answer 21

General purpose of parliament in passing the Act and then interpret the Act to fulfil that purpose

Question 22

What case in purposive approach?

Answer 22

Coltman v Bibby tankers

1. C died on ship due to fault in equipment
2. ‘Equipment’
3. Equipment includes a ship
4. Company liable because of harm caused to employee

Question 23

Another case in purposive approach?

Answer 23

R v Registrar general, ex part smith

1. Violent murderer who was adopted whether to tell the murderer
2. Adoption Act 1976
3. Goes against the general purpose of the statute to provide info that may cause harm

Question 24

Advantages of purposive approach?

Answer 24

1. Avoid an absurd and unjust outcome
2. Promotes flexibility
3. Enables law to be kept up to date

Question 25

Disadvantages of purposive approach?

Answer 25

1. Enables unelected judges to take over the function of parliament in making new law 2. Impossible to discover the general purpose of parliament 3. Less suited to the more precise and detailed structure of English legislation

Question 26

What are the aids to interpretation called?

Answer 26

Internal and external

Question 27

What is internal aid?

Answer 27

Clues within statute itself that may help to make its meaning clearer

Question 28

What is external aid?

Answer 28

Materials which are outside a statute which the judges may use

Question 29

What does the internal aid use?

Answer 29

1. Short and long title of statute 2. Definition sections 3. Schedules toward end of the state which give extra detail 4. Preamble( introduction to the statute) is a useful clue of purpose of the statute

Question 30

What does the external aids include?

Answer 30

1. Dictionary 2. A law reform report 3. Interpretation Act 4. Hansard( official record of what is said in parliament) 5. International treaty