Statutory interpretation Flashcards
what is statutory interpretation
how judges interpret statutes
what act are judges provided with, along with using one of rules/ approaches of interpretation
Interpretation Act 1978
what is the literal rule
when judges give words of statute their plain, ordinary meaning, expressing parliament’s true intention from words used within statute
what do judges use to find meaning of words in literal rule
oxford English dictionary
by what judge + in which case was the literal rule outlined in
Lord Esher in R v Judge of the City of London
in what case did using the literal rule produce an absurd result
Whitely v Chappel
in what case was the literal rule used so it was said that ‘oiling and maintaining’ the tracks was not the same as ‘relaying and repairing’
LNER v Berrimen
when is the golden rule used
to avoid absurd result from literal rule
what is the golden rule referred to as - from which case
safety valve - Becke v Smith
what are the 2 interpretations of the golden rule
1) modify ordinary meaning - broad/ wide interpretation
2) choose between different meanings - narrow interpretation
what case was the broad/ wide interpretation of the golden rule used
Re Sigsworth
what case and lord does narrow interpretation come from
Lord Reid in Jones v DPP
in what case was the narrow interpretation of the golden rule used
R v Allen
what is the mischief rule
courts discover reason for law by looking at old fault it was trying to fix
what case does the mischief rule come from
Heydon’s case 1584
what 4 things does Heydon’s case state judges must consider
1) old law before the statute
2) problem parliament trying to resolve
3) solution it wanted to provide
4) give effect to parliament’s intention
in what 2 cases was mischief rule used
Smith v Hughes
Royal College of Nursing v DHSS
what is the purposive approach
court tries to discover reason for which parliament passed statute + then gives words meaning to fulfill its purpose
in what case was the purpose of the act to regulate the use of embryos so didn’t matter how they were created
R (Quintavelle) v Sec it State for Heath
in what case was the purpose of the act to promote family life not serious crime
R v Registrar General Ex Parte Smith
list 3 advantages of the literal rule
1) agrees with parliamentary sovereignty
2) agrees with the separation of powers
3) creates certainty
list 4 disadvantages of the literal rule
1) rigid approach
2) can produce absurd decisions (Whitely)
3) Zander stated too mechanical + divorced from realities of language
4) can produce harsh outcomes (Berrimen)
list 3 advantages of the golden rule
1) agrees with parliamentary sovereignty
2) avoids absurd decisions from literal rule
3) more flexible approach
list 2 disadvantages of the golden rule
1) difficult to determine what is an ‘absurd decision’ - makes it hard to work out when rule should be used
2) because of uncertainty, Zander states it’s not an ideal safety valve
