Statutory Interpretation Flashcards
What is meant by statutory interpretation?
The process by which a court looks at a statute and determines what it means
What are the 4 rules/approaches under statutory interpretation?
Literal rule
Golden rule
Mischief rule
Purposive approach
What is the literal rule?
Judges take the ordinary, literal and natural meaning of the word and apply it to the case
Cheeseman V DPP
The word “passengers” refers to passers by and as the officers were stationary, chessman not guilty
Whiteley V Chappell
As dead people are not entitled to vote, he had not literally committed an offence and was found not guilty
How and why was the literal rule modified?
By introducing the golden rule where there is an absurd result
What are the two ways the golden rule can be applied?
The narrow application
The wide application
What is the narrow application of the golden rule?
Used when a word in a statute has more than one meaning. Judge should pick meaning that makes sense and achieves best outcome.
R V Allen
Courts applied narrow application of golden rule - found that “marry” could have two meanings and could include ‘to go through a marriage ceremony’.
Adler V George
Courts applied narrow application of golden rule and found it would be absurd to find someone guilty for causing obstruction outside prohibited place but not someone inside it
What is the wide application of the golden rule?
Where judge understands meaning of the word but if the meaning was applied, it would be undesirable. Judge can alter word in statute to avoid this problem.
Re Sigworth
Judge took wide application of golden rule and decided son should not inherit. Decided it would not include those who had killed their parents.
What case established the mischief rule and how long is the process?
Heydon’s Case established 4 stage process of mischief rule
What is stage 1 of mischief rule?
What the common law was before the Act was passed?
What is stage 2 of mischief rule?
What was the problem with that common law and why did Parliament decide to pass an Act?
What is stage 3 of mischief rule?
What was the remedy that Parliament was trying to provide?
What is stage 4 of mischief rule?
Judges must interpret the act so that the mischief is dealt with and the remedy is given, in line with Parliament’s intentions
What does mischief rule allow judges to do?
Gives them the most flexibility to ignore the wording of the statute in order to reach desired outcome
Royal College of Nursing V DHSS
Courts decided the “mischief” the Act was trying to stop was illegal back street abortions. By allowing qualified nurses to carry out the procedure, this aim would still be achieved
What is the purposive approach?
Judges will look forward to see what Parliament wanted to achieve instead of looking back at the ‘mischief’ that the Act was created to put right
R V Registrar-General, ex parte Smith
Court thought that Parliament’s purpose wouldn’t have been for the law to be used in a way to allow or promote a possible crime.
Jones V Tower Boot Co
Company liable as the purpose of the act was to encourage better racial harmony in the workplace
Advantages of literal rule
Respects parliamentary sovereignty
Creates certainty in the law
Disadvantages of literal rule
Can lead to absurd results
Not all acts are perfectly drafted
