Statutory Interpretation

Question 1

What is statutory interpretation?

Answer 1

The process of reading and applying statutory laws. Where judges try to find out the intention of parliament when passing these laws

Question 2

Why do we need statutory interpretation?

Answer 2

Because although parliament makes legislation, it is left to judges to apply it to real life situations, and there are occasions where their meaning can be unclear.

Question 3

What are the rules of statutory interpretation?

Answer 3

The literal rule, golden rule (broad and narrow), mischief rule, purposive approach

Question 4

What is the literal rule?

Answer 4

Gives the words of the act their plain, literal and ordinary meaning, and is frequently used as judges cannot make law (London and northern western railway co v berriman)

Question 5

What is the golden rule?

Answer 5

An extension of the literal rule, judges begin to interpret the statutes meaning , and if this would lead to an absurd and unjust decision they may take a more sensible approach to avoid injustice

Question 6

What is the broad approach in the golden rule

Answer 6

Where there is only one meaning of a word or phrase but it would lead to an absurdity, the court will modify the meaning (sigsworth)

Question 7

What is the narrow approach in the golden rule?

Answer 7

Where a word or phrase is capable of more than one meaning, the judges will choose one

Question 8

What is the mischief rule ?

Answer 8

Used by judges to find out the intention of the law, the ‘mischief’ it was trying to correct. Heydons case gave 4 parts the courts should consider (smith v Hughes)

Question 9

What is the purposive approach?

Answer 9

Goes beyond the mischief rule and is the most flexible; it isn’t looking at the gaps in the law but deciding what they believe parliament meant to achieve (r v registrar- general ex parte smith) adoption act