Legal System 1: Statutory Interpretation

Question 1

What are the different types of law?

Answer 1

Public law
- regarding functioning of state and its relationship to individuals

Private Law
- governing relationships between individuals

Criminal Law
- intervenes in actions of individuals which the state deems harmful

Civil Law
- intervenes in relationship between individuals when they go awry

Substantive Law
- governs adjudication

Procedural Law
- how the adjudication of disputes operates

Question 2

Structure of an Act of Parliament

Answer 2

Short title
- short name that is most commonly referred to
- ie Offensive Weapons Act (2019)

Citation
- number given
- ie 2019 c. 17

Long Title
- usually describes the purpose and can be aid in interpretation
- ie: Act to make provisions for, and in connection with, offences relating to offensive weapons

Date of Royal Assent
- when receives makes a Bill an Act

Preamble
- fixed block of text conferring the authority of the Crown upon the Act making it law

Part
- subsections of an act

Section
- individual provisions of an Act sequentially numbered

Marginal Notes
- internal aids of short notations which may appear above or alongside each section of an act to give insight

Subsection
- breaches down numbers sections into sub-bullet points

Extent Provisions
- define the situation in which the law applies

Enabling Provisions
- may defer the act from coming into force unlit relevant minister produces regulations giving that provision effect

Question 3

What are works of authority

Answer 3

For example textbooks can be used as an aid to interpretation

Question 4

What are the approaches/rules of interpretation used for statutory interpretation? (general)

Answer 4

Literal Rule

Golden Rule

Mischief Rule

Purposive Rule

Question 5

What is the literal rule and when is it used

Answer 5

Court will take a literal interpretation
- if words in statute have clear meaning court will apply them as written
- if there is some ambiguity the court will give words their ordinary meaning (even if it yields an absurd result)

Question 6

What is the golden rule and when is it used?

Answer 6

Used if ordinary meaning of a word would given an absurd result.

To avoid absurdity court may use a different meaning of word.

Question 7

What is the mischief rule?

Answer 7

Courts look at what problem the statute was designed to remedy and adapts the word of the statute to achieve this result.

Question 8

What is the purposive rule?

Answer 8

Accompaniment to the mischief rule but looks at why the statute exists as well as what it hopes to achieve.

Look at for them using material other than legislation
- Hansard (debates)
- Commons Briefing Papers
- Explanatory Notes

Question 9

What are the rules of language used in interpretation?

Answer 9

Expression Units est Exclusion Alterius
- expression of one thing is the exclusion of another

Noscitur a Socks
- a word is interpreted by the company it keeps

In Pari Materia
- upon the same matter or subject

Ejusdem Generis
- of the same type

Question 10

What is Expression Units est Exclusion Alterius

Answer 10

expression of one thing is the exclusion of another

• if one or more things of a class are expressly mentioned the things not mentioned are excluded

Question 11

What is Noscitur a Sociis

Answer 11

a word is interpreted by the company it keeps (associates with)

• courts consider the context in which a word is used

Question 12

What is In Pari Materia

Answer 12

upon the same matter or subject

• can be applied where other statutes may assist with interpretation an ambiguity in the statute concerned

Question 13

What is Ejusdem Generis

Answer 13

of the same type

used to interpret general words, meaning if a general word follows two or more specific words the general word will only apply to items that are like the specific words used

Question 14

What are the presumption used in statutory interpretation?

Answer 14

• a presumption against allowing statutes to alter the common law
• a presumption against removing the court’s jurisdiction
• a presumption that ambiguity in a criminal case will fall in favour of the defendant
• a presumption that statutes cannot be retrospectively applied

CAN be rebutted by express words in AoP (obv)

Question 15

What is the difference between intrinsic and extrinsic aids to interpretation of AoP? When are they used?

Answer 15

Intrinsic
- statute itself
- must be considered and read as whole before using extrinsic aids

Extrinsic
- outside the statute itself

Question 16

Examples of aids to interpretation?

Answer 16

Intrinsic
short title, long title, preamble, marginal notes, punctuation, examples and schedules

Extrinsic
- dictionaries, explanatory notes, Hansard (parliamentary debates)

Question 17

What is an adversarial system?

Answer 17

• opposing parties offer legal arguments
• judge serves as umpire ensuring they follow procedural rules

Question 18

What might extent provisions do?

Answer 18

Define situations in which the law applies
- if it applies to devolved areas

Question 19

What might enabling provisions in an AOP do?

Answer 19

Detail when it comes into effect
- can be different for different sections
- can be dependant on relevant minister producing relation to give it effect
- can be dependant on relevant devolved legislatures bringing regulation