Statutory Interpretation Flashcards
(15 cards)
What is Statutory Interpretation?
A judge’s method to interpreting and applying the law
What are the types of statutory interpretation?
- Literal Rule
- Golden Rule
- Mischief Rule
- Purposive Approach
What is the Literal Rule?
Judge reads statute as whole, puts words into context and gives them their ordinary (or dictionary) meaning.
What did Lord Esher say about the Literal Rule, and in what case?
R v City of London Court Judge
- “If the words of an Act are clear, you must follow them, even though they lead to a manifest of absurdity”
In which cases was the Literal used?
- LNER v Berriman (relaying/repairing track - widow compensation)
- Whitely v Chappell (Voting as dead guy)
What is the Golden Rule?
Where the literal rule should be followed unless it leads to an absurd outcome
What did Lord Wensleydale say about the Golden Rule, and in what case?
Grey v Pearson
- “Ordinary sense of word should be adhered to, unless it leads to absurdity, repugnance or inconsistency.”
What are the approaches to the Golden Rule?
- Narrow Approach
- Broad Approach
What is the Narrow Approach?
Which case supports this?
Where a word has multiple meanings, courts can choose the most suitable meaning to avoid absurdity
R v Allen
What is the Broad Approach?
Which case supports this?
If meaning of law leads to repugnant outcome, courts can modify meaning of words to avoid it
- R v Sigsworth
What is the Mischief Rule?
Where courts try to establish the ‘True’ interpretation of the law
What are Lord Coke’s 4 steps to enact the mischief rule?
What case is this from?
Heydon’s Case
1) What was common law before act was made?
2) What was the mischief for which common law didn’t provide?
3) What remedy has parliament put forward?
4) What is the true reason for the remedy?
What case is the Mischief Rule used in?
Smith v Hughes
- Prostitute soliciting to public street from private window
What is the Purposive Approach?
Which Lords/Case establishes this?
Aims to give effect to the purpose of the legislation
- Pepper v Hart (Lord Griffiths)
What cases is the Purposive approach used in?
Jones v Tower Boot Co (Workplace discrimination)
