Statutory Interpretation Flashcards
Why is statutory interpretation needed?
Broad terms- type of dog in Dangerous Dog Act
Ambiguity- words can carry more than one meaning
Drafting error- not every act is perfectly drafted
Changes in language- meanings may change such as “gay”
What are the 4 rules of statutory interpretation?
Golden
Mischief
Literal
Purposive Approach
What is the literal rule?
When word is given its exact plain, ordinary literal meaning even if not sensible
Can create absurdity but used in many cases
Fisher v Bell/ Whiteley V Chappell- dead person can`t vote
London & North Eastern Railway V Berriman
What are the advantages of the literal rule?
Leaves law making to Parliament preventing judge made law
Respects Parliamentary Sovereignty- legal authority
Makes law more certain- lawyers can advise
Identifies flaws within acts- Fisher v Bell
What are the disadvantages of the literal rule?
Can lead to absurdity- Whiteley V Chappell
Can lead to unjust- Berriman
Words can have more than one meaning
Assumes every Act is perfectly drafted and defined
What is the Golden Rule?
Literal rule will apply unless it leads to absurdity
Allows for more sensible meaning
Wider and Narrow Approach
Narrow- Jones v Dpp- if capable of more than one meaning, can chose between those meanings/ R v Allen- “Marry” interpreted to stop bigamy
Wider- Re Sigsworth- prevented murder inheriting mothers will- allows judges to chose another meaning entirely
What are the advantages of the Golden Rule?
Respects exact words of Parliament excepted in limited situations
Can prevent absurdity and injustice caused by literal rule
Helps court put into practice what Parliament meant (R v Allen)
What are the disadvantages of the Golden Rule?
Provides no clear meaning of an absurd result
Limited scope
Provides avenue for judicial law making
What is the mischief rule?
Where courts will look at what the common law was before the Act was passed in order to discover what “mischief” it was intended to cover
Defined in Heydons Case
Courts should interpret the Act so that the gap is covered
Rule in Heydons case was reinstated into 3 by Jones V Wrotham Park Settled Estate
Smith v Hughes- window prostitution
However DPP V Bull- male can`t be prostitute
Royal College of Nursing v DHSS
What are the advantages of the mischief rule?
Helps avoid absurdity and injustice
Looks at gap in previous law and interprets to achieve mischief
Historical context
What are the disadvantages of the mischief rule?
Creates risk of judicial law making and goes against doctrine of separation of powers
May lead to uncertainty
Heydon`s case is archaic so now legislative situation is different
What is the purposive approach?
Goes beyond the mischief rule Courts don`t just look at gap but decide on what they believe Parliament intended R v Registrar General R v Secretary State of Health- embryos Pickstone vs Freemans Plc
What are the advantages of the purposive approach?
Leads to justice in individual cases
Broad approach covers more situations- Pickstone v Freeman- female equal pay
Fills in gaps in law
Allows for new technology
What are the disadvantages of the purposive approach?
Leads to judicial law making
Can make law uncertain
Difficult to discover intention of Parliament
What are the 3 rules of language?
Ejusdem Generis- of the same kind
Expressio unius exclusio alterius- mention of one thing excludes the other
Noscitur a sociis- word known by company it keeps
What is Ejusdem Generius?
Where there is a list of words followed by general words, the general words are limited to same kind of item as the specific words
“General rule”
There must also be at least 2 words in a list before the general word for this rule to operate
“Dogs, cats and other animals”
“Burgundy, crimson and other colours”
Powell V Kempton Racecourse
What is expressio unius exclusio alterius?
Where there is a list of words which is not followed by general words then the Act applies only to the items in the list "Specific rule" "Lions, tigers and bears" "Persian cats" Tempest v Kilner
What is noscitur a sociis?
Words must be be looked at in their context and interpreted accordingly which involves looking at words in the same section or other sections in the Act
“Context rule”
“cat baskets, toy mice and food”
What are intrinsic aids?
Title of statute- long and short
Preamble- parliaments purpose for enacting
Headings of groups and sections
Marginal notes
What are the advantages of intrinsic aids?
Helps make law clearer
Long title sets out main purpose of the Act
What are the disadvantages of intrinsic aids?
Not all intrinsic aids are located in every statute
Some headings are inputted by printer not Parliament
Definitions aren`t always included within statutes leading to judicial law making
What are extrinsic aids?
Previous acts of parliament on the same topic Historical context Earlier case law Doctrines of the time Explanatory notes Hansard, reports, dictionaries
What is hansard?
Parliamentary debate
Pepper v Hart allowed Hansard to be used in limited way
Hansard can be given wider use
What are law reports?
Helps court understand purpose of law
Can also aid with finding Parliaments intentions
Parliament may change purpose or intention of the report during legislative process rendering it useless
