Statutory Interpretation Flashcards

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1
Q

What is statutory interpretation

A

Statutory interpretation is the process by which the courts interpret and apply legislation

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2
Q

Reasons for statutory interpretation?

A
  • a word may have several meanings, can lead to ambiguity
  • the meaning of words can change over time
  • the drafting of the original bill may contain errors
  • the law may have been drawn up very quickly and the wording might not be as precise as it should be.
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3
Q

What are the 4 approaches to statutory interpretation

A
  • literal rule
  • golden rule
  • mischief rule
  • purposive approach
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4
Q

What is the literal rule

A

Give words their plain, ordinary or literal meaning, even if the result is not very sensible

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5
Q

Whiteley v Chappell

A

D posed as someone who had died, in order to vote in an election

Words interpreted: ‘impersonating any person entitled to vote’

Outcome: D was not guilty because, applying the literal rule, a dead person cannot vote

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6
Q

Fisher v Bell

A

A shop-keeper put flick knives on display in hi8s shop window. D was charged with ‘offering for sale knives contrary to The Restriction of Offensive Weapons Act v1959’

Words interpreted: ‘offer for sale’

Outcome: D was not guilty, because technically, this was not an offer for sale. It was an ‘invitation to treat.’

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7
Q

LNR v Berriman

A

Mrs Berrimans husband was killed while oiling points on a railway line. Compensation was available if he was ‘relaying or repairing’ the track

Words interpreted: ‘relaying or repairing’

Outcome: Mrs Berriman was not entitled to the compensation because oiling points were ‘maintaining’ the track and not ‘relaying or repairing’

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8
Q

Advantages of the literal rule

A
  • respects parliamentary sovereignty and prevents unelected judges from making the law
  • law is more certain as it is interpreted exactly how it is written
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9
Q

Disadvantages of the literal rule

A
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