statutory interpretation Flashcards
what is a statue
a law made by parliament otherwise known as an act of parliament
what is statutory interpretation
the process in which judges take to work out the meaning of words in an act of parliament and how to apply this to the case before them.
what are the reasons for why a judge would need to interpret a statue
1- a broad term is used
2- changes in the use of language
3- ambiguous words
4- a drafting or other error
5- new developments
what is meant by a broad term used with a case example
if the word covers more than one possibility and it allows judges some flexibility.
E.G. Brock V DPP (1993)- There was a dispute over whether the dog in question fell into the category “any dog of the type known as a pit bull terrier”. The court declared that this had a wider meaning than bread and therefore covers dogs who were not pedigree but had substantial qualities of such a dog. The problem of a broad term, making it difficult to understand what is actually included in it.
what is meant by changes in the use of language with a case example
language changes over time so if the statue is older the words may have different meanings.
E.G. Cheeseman V DPP (1990)- A man was caught masturbating in a public lavatory. The point of interpretation was : did the officers comply with the definition of “passenger”. It was ruled they did not.
what is meant by ambiguous words
some words have more than 1 meaning so the judge has to determine what meaning applies e.g. bar and wind have multiple meanings.
what is meant by drafting or other error
an error in the drafting of a statue that was not picked up on during the bill stage.
what is meant by new developments with a case example
changes in technology means that old statues may not cover modern problems.
E.G.- Royal College of Nursing v DHSS 1981-There was dispute over whether nurses fell into the meaning of ‘medical practitioner’ and therefore legal to carry out abortions. The court ruled that, due to the act wishing to prevent illegal and dangerous abortions, nurses should be considered underneath the act because times had developed and nurses were taking on more complex tasks in hospitals.
what are the 4 different approaches to statutory interpretation
golden rule, literal rule, purpose approach, mischief rule.
what is the literal rule with a case example
it is when judges give words there literal and plain meaning even if the result is absurd.
E.G. Whitely V Chappel (1968)- in this case it was an offence to impersonate someone entitled to a vote. whitely pretended to be a dead person to take there vote. he was found not guilty as the judge gave the word entitled its literal meaning an a dead person was not entitled to a vote.
what is the golden rule with a case example
if the literal rule causes an absurd result, the judge can take a more flexible approach to rectify it. judges can uses intrinsic (internal) aids such as headings or tittles to help them.
E.G. Adler V George (1964)- s3 official secrets act 1920 state its an offence to obstruct a member of the armed forced in he vicinity of a prohibited place. the defendant obstructed an officer in an arm forces base and argued that in the vicinity of meant around not inside so they technically did nothing wrong. the judge used the golden rule to reasonably assume the statue included both inside and around the prohibited place.
what is the mischief rule with a case example
laid down in Heydon’s case 1584 it allows the judge to look for the problem the act was made to resolve . it directs the judge to look at extrinsic aids (external) such as case law to look for parliaments intentions.
E.G. Elliot V Grey (1960) - it is an offence to “use” an uninsured car on the road. in this case a broken down car was parked on the road but it could not be “used”. the judge decided that the road traffic act was passed to stop things like this from happening and said the car was still a hazard.
what is the purpose approach with a case example
judges look for the purpose of the act, similar to the mischief rule.
E.G. St Mellons v Newport Corporation (1950)- lord Simmons criticised the idea saying it was a “naked usurpation of the legislative function under the thin disguise of interpretation.”
what are all the aids to interpretation.
presumptions, intrinsic aids, rules of language, extrinsic aids
what are presumptions
the court can presume certain things about the act unless the statue specifically states otherwise. some include:
- statues do not change common law
- men’s rea is required in all criminal cases
- the crown is not bound by any statue
