Stat Interpretation

Question 1

What is stat interpretation?

Answer 1

Process by which judges decide what particular word statues

Question 2

Why might parliament include interpretation sections from the interpretation act 1978

Answer 2

1)In order to help understand the law
2) Helps clarify meaning of statute

Question 3

Why do many cases come before the courts?

Answer 3

1) dispute over meaning of an act
2) courts must decide exact meaning of particular word or phrase

Question 4

5 reasons why act is unclear ?

Answer 4

1) Broad term
2) Ambiguity
3) Drafting error
4) New development
5) Changes in language

Question 5

Explain broad term

Answer 5

May be words designed to cover several possibilities

Question 6

Case for broad term

Answer 6

Brock 1993 -

Question 7

Explain ambiguity

Answer 7

Word can have more than one meaning so unclear which meaning used

Question 8

Explain drafting error

Answer 8

Drafting of legislation may be hurried

Question 9

Explain new development

Answer 9

New tech mean old act of parliament doesn’t cover present day situations

Question 10

Change in use of lanaguage

Answer 10

Meaning of words change over time

Question 11

What are 4 approches to interpretation of legislation

Answer 11

1) literal rule
2) golden rule
3) mischief rule
4) purposive approach

Question 12

Define literal rule

Answer 12

Involves looking at the dictionary definition of words to interpret meaning in law , gives words plain ordinary meaning

Question 13

Case for literal rule

Answer 13

R v Harris - D bit off Vs nose but biting wasn’t under the words in act of ‘ stab, cut, wound ‘ , D not guilty

Question 14

4 advantages of literal rule

Answer 14

1) most agree on ordinary meaning of a word
2) meanings of law don’t have to be tested
3) helps maintain parliament position of lawmakers
4) not open to interpretation by judges

Question 15

3 Disadvantages of literal rule

Answer 15

1) words are ambiguous
2) when laws are drafted mistakes can be made
3) doesn’t have flexibility so may make law unfair

Question 16

Define golden rule

Answer 16

Court should take literal meaning unless led to an absurdity , if this is case court should use common sense and choose most sensible meaning

Question 17

Two views on how golden rule should be used

Answer 17

narrow application
wide application

Question 18

Explain narrow application and a case

Answer 18

If only one meaning that must be taken
Allen 1872 - accused of bigamy , guilty under golden rule

Question 19

Explain wide application and a case

Answer 19

Words have one meaning but their interpretation would lead to verdict against public
RE Sigworth - son murdered mom she hadn’t made a will, court held golden rule can’t apply as he murdered her so shouldn’t benefit from inheritance of profit

Question 20

Define mischief rule

Answer 20

applied to find out what parliament meant , looks for the wrong which statute was trying to correct and statute interpreted on this basis

Question 21

Case for mischief rule

Answer 21

Heydon 1584 - dispute over land owning rights , judges encouraged to look at previous law and explore what was wrong to fix it

Question 22

3 advantages of mischief rule

Answer 22

1) fills In gaps in law
2) promotes purpose of act
3) creates a purposive approach

Question 23

3 disadvantages of mischief rule

Answer 23

1) risk of judicial law making
2) not as wide as purposive approach
3) just fills in gaps

Question 24

Define purposive approach

Answer 24

looks for what parliament intended and APPLIES it to case in hand

Question 25

Case for purposive approach

Answer 25

Royal college nursing v DHSS 1981 - abortion legal in uk but only doctors can perform it , 3 judges decided nurses can as well and 2 judges took literal view and said act was clear nurses can perform it

Question 26

2 Advantage of purposive approach

Answer 26

1) goes beyond mischief rule as court not interested in previous gaps in law only current issues relevant 2) judges decided what they believe parliament is meant to achieve

Question 27

2 Disadvantages of purposive approach

Answer 27

1) HOL don't like it as they say it is not up to courts to correct what is wrong in law 2) may be difficult to know what parliaments intention actually was

Question 28

2 Impacts of European Law 1973

Answer 28

1) judges have to adapt their style of interpretation 2) eu laws are less specific than uk style of drafting , judged now have to adapt this approach

Question 29

2 Impacts of human rights act 1988

Answer 29

1) legislation must be read in a way that is compatible with HR

Question 30

example of something achieved by humans right act

Answer 30

same sex couples living together have equal rights of those living together as husband and wife

Question 31

Internal aid

Answer 31

matters within statue itself that make it more clear

Question 32

3 examples of instrinsic aid

Answer 32

1) long title to explain what act is achieving 2) schedules at the end explaining reasonableness tests more 3) interpretation sections

Question 33

Extrinsic aid

Answer 33

documents or matters which are outside of act but try and make it more clearer

Question 34

5 examples of extrinsic aid

Answer 34

1) dictionaries to help understand meaning 2) treaties to understand foreign law and English law used in other countries 3) hansard which is a document used to report what was said in parliament when act was debated 4) law commission reports 5) earlier case law

Question 35

Case for Hansard not allowed

Answer 35

David v Johnson

Question 36

Case for Hansard allowed

Answer 36

Pepper v Hart