#Exam 2- Statutory Interpretation Flashcards
(55 cards)
What are the main reasons for statutory interpretation
Broad terms in act of Parliament Ambiguity A drafting error New development in technology Changes In use of language
What does it mean when something has a broad term
The word or term used may be designed to cover several possibilities ie the dangerous dogs act “ any type of dog known as a pit bull terrier”
What does ambiguity of a word mean
It has two or more meanings making it unsure what one should be used
What is a drafting error
The draftsman who prepared the original bill may not have noticed the errors
How do new developments mean there needs to be statutory interpretation
New technology means that old acts of Parliament does not cover present day situations- ie abortion act didn’t cover modern forms of abortion
How does changes in language affect statutory interpretation
It means the meaning of the word at the time of being drafted is different to to what it is now
What are the three rules of interpretation
The literal rule
The golden rule
The mischief rule
What may occur if different judges over hear your case
They may decide something different as they may use different rules
What is the literal rule
When judges use the words plain and ordinary dictionary meaning
What are the three cases showing the literal rule
Whiteley v Chappell
London& NE railway Co v Berrimam
Cheeseman v DPP
What happened in whiteley v Chappell
Dispute over words “entitled to vote”
Court found man not guilty even though he had an impersonated a dead man for his vote
What happened in London& NE railway Co v Berrimam
“Relaying” and “repairing”
These words were in dispute- court took their literal meaning and found he was only maintaining the tracks
What happened in cheeseman V DPP
“Passenger”
Man was not liable for masturbating in public as police were not classed as passengers
What is the golden rule
A modification of the literal rule where meaning of the words is looked at but can modified to avoid absurd result
What cases show the golden rule
Alder v George
Re wigs worth
What happened in alder v George
“In the vicinity” Man has caused a obstruction In a prohibited place- he argued that it doesn’t class as in the vicinity
What happened in Re Sigsworth
No ambiguity in words of act however court was not prepared to allow a person who murdered their mother for her inheritance to get that inheritance
What is the mischief rule
When judges look at what the original act had intended to prevent - what “mischief” to suppress
What cases show the mischief rule
Smith v Hughes
Royal college of nursing v DHSS
What happened in Smith V Hughes
“In a street or public place” Prostitution is still illegal when calling from doorways windows and balcony- they still class as a public place
What happened in royal college of nursing v DHSS
“Terminated medical practitioner”
At the time this was only a doctor however the 2nd part of an abortion could be carried out by a nurse. The court held that this was still legal as it prevented mischief of illegal abortions
What is the purposive approach
The courts look to see what was the purpose of the law passed by Parliament
What cases show the purposive approach being used
R v Registrar- General, ex parte smith
R v Human Fertilisation and embryology authority
What happened in R v Registrar- General, ex parte smith
“Shall supply”
Man who had previously murdered 2 people had asked to see his birth certificate to find his birth mother, court ruled that parliament did not intended for the mother to be in any unnecessary danger
