Interpretation of statutes Flashcards
Literal Rule: The statute is interpreted in its ordinary, natural and literal meaning. Even though it may lead to absurdity.
Golden Rule: Where the interpretation of the statute in its ordinary form will lead to absurdity, the judges should use an implied meaning to avoid absurdity.
Mischief Rule:
The judges should interpret the statute in alignment with the mischief it is meant to correct. To interpret it to remedy the wrongs society that it was meant to cure. Smith v Hughes & Garris v Scott
Smith v Hughes
This case had to do with sex workers soliciting from balconies and windows. the issue in this case was whether the prostitutes who were attracting customers from the balconies were still soliciting “On a street” under the provisions of the Streets Offences Act 1999. Lord Parker CJ held that “The statute was enacted to clear the streets so that people can move freely from molestation and solicitation from prostitutes, so it was held that balconies and windows are under the term “In the streets”.
Gorris v Scott
In this case, the claimant had hired the defendant who was a ship owner to transport some sheep from Germany to England, at this time, there was a statute named the contagious disease act of 1869. It was enacted to prevent animals from bringing contagious diseases into England. While on the ship, the sheep drowned and were lost. The claimant then took the defendant to court to claim damages on the ground of negligence. The courts held that the statute was enacted to curb the spread of diseases and not the loss of animals and that the mischief rule cannot be used to interpret different from the intention of the legislature
R v Princewill- Golden Rule
This was a case that had to do with marriage and bigamy. in this case, the defendant who was married under the marriage act, got married again to another wife without dissolving his first marriage. It was contended that the second marriage was not a marriage under the marriage act. The Golden Rule was applied
Council of University of Ibadan v Ademolekun - Golden Rule
In this case, the court rendered the edict void and applied the Golden Rule of interpretation, because using the Literal Rule would lead to absurdity.
R v Bangaza
In this case, Section 319 (2) of the criminal code fell to the court for interpretation it stated that “Where an offender who in opinion of the court has not attained the age of 17 years commits murder such an offender shall not be sentenced to death, but be detained” The court held that using the literal rule, the relevant age is the age at the time of conviction and not the time of commission of offence.
CONFLICT OF LAWS.
Conflict of laws is basically a situation whereby two existing laws conflict with each other. It is the opposition or conflict between applicable laws of different states or jurisdiction.
Conflicts of Law Cont’d
Conflicts of laws determine which applicable law will apply
