Stat Interp Flashcards
Define the literal rule
When judges apply the plain, ordinary and literal meaning of the words contained in a statute. They apply the words exactly as they are written, according to Lord Escher, this should be done even if it leads to a ‘manifest absurdity’.
Give the first literal rule case + facts
LNER v Berriman - oiling tracks with no lookout, Fatal Accidents Act, ‘repairing or relaying’, maintenance didn’t count, literal rule meant not liable
Give the second literal rule case + facts
DPP v Cheeseman - D masturbated in public toilet, charged with exposing to passengers in street, Town Police Clauses Act, toilet counted as street but passengers was defined in 1847 dictionary as ‘using a street for ordinary purposes’, police did not count so D found not guilty
Give the advantages of the literal rule
Creates certainty (DPP v Cheeseman) Easy to use and saves time (DPP v Cheeseman) Parliamentary Supremacy (LNER v Berriman - stuck to strict meaning not what wasn't specified) Separation of powers (DPP v Cheeseman - judge took dictionary definition)
Define the golden rule
When using the golden rule, judges begin by using the plain dictionary meaning of the words in a statute, but if this would lead to an absurd result, judges can either choose between possible meanings of the words (narrow approach) or invent a new meaning to avoid absurdity (broad approach)
Give the narrow approach case + facts
R v Allen - man tried to marry again before divorce, charged with bigamy under OAPA, ‘marry’ could mean either ‘legally marry’ or ‘go through ceremony’, they chose the latter so that it was possible to commit the crime
Give the broad approach + facts
Re Sigsworth - defendant killed mother to gain inheritance, Administration of Estates Act, inheritance to next of kin when no will, court said it would be absurd for D to gain from murder, so assumed wording meant ‘unless D killed deceased’. He did not get the inheritance.
Give the advantages of the golden rule
Avoids absurd decisions (R v Allen)
Achieves Parliament’s true intentions (Re Sigsworth)
Applicable to alternative meanings (R v Allen)
Allows for judicial creativity (Re Sigsworth)
Define the mischief rule
The mischief rule looks at the problem that Parliament aimed to stop, and interprets the act to stop it. This allows judges to look past the literal meanings of words. In Heydon’s Case, the court established that 4 questions must be asked when using this rule, two of which are: what was the common law before the act? and what mischief was the law not addressing?
Give case 1 of the mischief rule + facts
Smith v Hughes - prostitutes on balcony charged with soliciting prostitution in a public place under Street Offences Act. if literal rule was used then acquitted as not in street. the court decided the mischief parliament wanted to stop was prostitutes harassing passengers therefore they were found guilty
Give case 2 of the mischief rule + facts
RCN v DHSS - nurses were helping to perform abortions but only registered medical practitioners could (Abortion Act) which was only doctors at the time. the court decided the mischief parliament wanted to stop was back street abortions and so (due to scientific advancements) decided nurses could also aid with abortions safely. Note: two judges wanted to use literal rule and said others were redrafting legislation.
Give the advantages of the mischief rule
Avoids absurd decisions (Smith v Hughes)
Allows for Parliament’s true intentions to be met (Smith v Hughes)
Allows for judicial creativity (Smith v Hughes)
Promote flexibility in the law (RCN v DHSS)
Give the disadvantages of the literal rule
Leads to absurd decisions (LNER v Berriman)
Multiple meanings difficult to apply (R v Allen)
Assumes impossible perfection in drafting (LNER v Berriman)
No room for judicial creativity (LNER v Berriman)
Give the disadvantages of the golden rule
Creates uncertainty (Re Sigsworth)
Goes against Parliamentary supremacy (Re Sigsworth)
Narrow approach is inflexible (Re Sigsworth)
Doesn’t respect separation of powers (Re Sigsworth)
Give the disadvantages of the mischief rule
Creates uncertainty (RCN v DHSS)
Goes against Parliamentary supremacy (RCN v DHSS - two judges said they were re-drafting leg.)
Limited to fixing one problem (ex parte Smith)
Goes against separation of powers (Smith v Hughes - judges made it illegal to solicit from a private place)
Define the purposive approach
The purposive approach requires judges to look at what Parliament intended when making an act and put that intention into effect. Lord Denning says that judges can look beyond the wording of the act and ‘read between the lines’ to find parliament’s intention. This means judges have broad powers of interpretation and aren’t strictly bound by the wording, going beyond other rules of interpretation.
Give the advantages of the purposive approach
Avoids absurd decisions (Jones v TBC)
Achieves Parliament’s true intentions (Jones v TBC)
Allows for judicial creativity (Jones v TBC) - judges can change the law to conform with the purpose
Promotes flexibility in the law (RCN v DHSS)
Give the disadvantages of the purposive approach
Creates uncertainty (ex parte Smith)
Goes against Parliamentary supremacy (ex parte Smith)
Goes against separation of powers (Jones v TBC)
Makes judges too powerful - no guidelines (R v Clinton)
Define intrinsic aids + give 3 examples
Intrinstic aids are found within the act itself.
Eg: Short titles, definition sections, marginal notes
Define extrinsic aids + give 4 examples
Extrinsic aids are found outside of the statute itself.
Eg: Hansard, dictionaries, Law reform reports, the Interpretation Act
What are short titles? + case
Contain name of act and date passed, tells judge what about + helps differentiate (e.g. theft act 68 & 78). also helps know which dictionary to use (DPP v Cheeseman)
What are definition sections? + case
Section of act defines key words. Parliament can specify what they meant (multiple meanings/diff to dictionary). E.g. Oxford v Moss, definition section of property section of Theft Act used to decide info couldn’t be stolen.
What are marginal notes? + case
Written in the margin of acts, gives a summary and how to use the act. Montilla showed these don’t need to be used, but should be trustworthy (written by Parliamentary Counsel Office)
What is Hansard? + case
Record of Parliament debates, used to figure out their intentions (for mischief/purposive). Pepper v Hart allows Hansard to be used under 3 conditions: words of act are ambiguous, minister in charge of act made statement about these words, statement clears up ambiguity
