Statutory Interpretation Flashcards
What is statutory interpretation in a simple defintion?
The process by which judges read and apply statutes
What are 3 reasons that statutory interpretation is important?
- Complexity is explained
- Helps to assist with changes of law over time
- Explains unexpected scenarios
What is statutory interpretation needed for?
- Reflects changes
- Saves them time
- Keeps them relevant
- Ensures liability
What are the 4 rules of interpretation?
1) Literal
2) Golden
3) Mischeif
4) Purposive Approach
Explain the literal rule:
It interprets phrases using their plain, ordinary and natural meaning, even if it is absurd.
Give the case study for the literal rule:
Cheeseman V DPP (passengers)
Explain the golden rule:
When the literal rule leads to an absurd outcome, they can depart from their literal meaning to avoid it
What are the two types of approaches used in the golden rule?
- Narrow Approach means they can modify words to avoid absurdity
R v Allen - Wide Approach
if a result is repugnant then they can depart all together
Re Sigsworth
Explain the mischeif rule:
Looks beyond the actual wording of the statute to help solve the problems that parliament intended
Smith V Hughes
What are the four questions associated with the mischeif rule?
- What was the common law before the statute?
- What was the defect that common law didn’t provide?
- What remedy has parliament resolved and appointed to cure the defect ?
- What is the true reason of the remedy?
Explain the purposive approach:
Consider what parliament meant to achieve (overall purpose)
Jones V Tower Boot
How do the aids of interpretation help in law?
They help to clarify the meaning of law by providing context and guidance
What are the 2 types of aid?
- Intrinsic Aid
These are found inside the statute - Extrinsic Aid
These are found from external sources
Give an example of an intrinsic aid:
The Theft Act, The Preamble
Give an example of an extrinsic aid:
- Hansard
- Dictionaries
- Historial setting
- Reports of the law commission
What is the Hansard?
If is the official transcript of debates in parliament, recording discussions, statements and speeches made by MP’s.
Pepper V Hart
What is an advantage and disadvantage of the literal rule?
- Simple to understand, predictable
- Can be absurd and unfair, inflexible
What is an advantage and disadvantage of the golden rule?
- Avoids absurdity, respects parliamentary intent
- Unclear when to use, judicial discretion
What is an advantage and disadvantage of the mischief rule?
- Promotes statutes purpose, prevents absurdities
- Limited to specific contexts, judicial creativity
What is an advantage and disadvantage of the purposive approach?
- Promotes legislative intent, avoids absurdity
- Lacks predicability, judicial overreach
