Statutory Interpretation

Question 1

Statutory Interpretation

Answer 1

process by which judges have to decide the meanings of words or phrases in Acts of Parliament or other legislation

Question 2

Factors that cause wording of Acts to be uncertain

Answer 2

broad term/ changes in language/ Ambiguous words/ drafting or other error/ New developments

Question 3

Literal Rule

Answer 3

Judge will give words contained in the statute their ordinary and plain meaning even if this cause absurd results.

Question 4

Example of literal rule

Answer 4

Whiteley v Chappel

Question 5

Golden Rule

Answer 5

Judge can take flexible approach to rectify absurdity of literal rule result

Question 6

What can the courts take when considering statutes

Answer 6

Narrow or wide interpretation

Question 7

Example of Golden Rule

Answer 7

Adler v George

Question 8

Mischief Rule

Answer 8

Heydon’s case allows judges to look for mischief/problems in statute passed to remedy

Question 9

Example of Mischief Rule

Answer 9

Elliot v Grey

Question 10

Purposive Approach

Answer 10

Judges decide what parliament meant to achieve i.e the purpose

Question 11

Example of Purposive Approach

Answer 11

Pepper V Hart
Lord Denning

Question 12

Advantage of GR

Answer 12

Gives judges discretion and puts right absurdities caused by literal rule

Question 13

Disadvantage of GR

Answer 13

Judges given power to interpret what is constitutionally the role of the legislators

Question 14

Advantage of LR

Answer 14

Respects Parliamentary Sovereignty

Question 15

Disadvantage of LR

Answer 15

Led to absurd results

Question 16

Advantage of PA

Answer 16

flexible and seeks purpose or reason why Act was passed

Question 17

Disadvantage of PA

Answer 17

Danger of judiciary creating new laws

Question 18

Advantage of MR

Answer 18

Most flexible of rules when dealing with statutes

Question 19

Disadvantage of MR

Answer 19

Gives too much power to unelected judges to interpret “will of parliament”