Statutory Interpretation Flashcards
Define the Literal Rule
Judge uses plain, ordinary and literal meaning, dictionary of the time the Act was passed is used, even if absurd outcome
What is the Lord Esher quote?
E v Judge of the City of London (1892) : “If the words of the Act are clear, then you must follow them, even though they lead to a manifest absurdity
What is the key case for the Literal Rule?
Cheeseman v DPP (1990) : arrested for masturbating in a public toilet. Police officers were stationed there to catch him, but he was found not guilty in court- this is because the officers were stationed there and were not, by definition, “passengers”. Judge Lord Bingham looked up the word “passenger” from the Town Police Clauses Act 1847, and it said “a passer-by or through… using the place for its original purpose”.
Evaluate the Literal Rule
Benefits:
Respects Parliamentary Supremacy- Parliament make the rules, Judges should apply them.
Easy and predictable, lawyers can advise clients.
Drawbacks:
Words could have more than one meaning, so how could a judge know which one to choose?
Unfair and unjust decisions (such as Cheeseman)
Define the Golden Rule
The judge starts out by using the Literal Rule, if this would lead to an absurd outcome, the Golden Rule is used to avoid it. The two branches of the Golden Rule are the Golden Narrow and the Golden Broad.
