Statutory Interpretation Flashcards
(21 cards)
What is statutory interpretation
Explores how judges interpret the language used in acts of parliament
Why is statutory interpretation necessary
Sometimes an act contains ambiguous words (fisher v bell)
Or there has been an error in drafting
What is the purpose of having rules of statutory interpretation
In order to interpret words, judges have come up with rules to guide them
What are the four rules on statutory interpretation
The literal rule
Golden rule
The mischief rule
Purposive approach
What is the ‘literal rule’
judges use the exact meaning of words, when interpreting statute, no matter how absurd the outcome
What is the golden rule
An extension of the literal rule words will be given the literal meaning, unless the result would be absurd
What is the mischief rule
used to prevent the mischief an act is aimed at
What is the purposive approach
Where judges look to see what is the purpose of the law when interpreting statute
What are the two types of aids to statutory interpretation?
Intrinsic aids
extrinsic aids
Outline intrinsic aids
‘Inside the act’
- glossary of key terms in some acts
- explanatory notes in the margin to explain what a section is about
What are ‘extrinsic aids’
‘Outside the act’
- dictionaries and textbooks (R v Jewell)
- the interpretation act 1978
What is the impact of EU law on statutory interpretation
Purposive approach is preferred by most EU countries
So until leaving the EU, UK judges have used to purposive approach
What is the impact the human rights act 1998 on statutory interpretation
S3 states, as far as possible to do so, legislation must be read/given effect in a way that is compatible with the rights in the European convention of human rights
List two advantages to the literal rule
- respects parliamentary sovereignty
- provides certainty, the law is interpreted exactly how it is written
List two disadvantages of the literal rule
- Assumes every act will be perfectly drafted
- Michael zander calls it ‘irresponsible’
List an advantage of the golden rule
Provides a way of avoiding the worst problems created by the literal rule, while respecting parliamentary sovereignty
List 2 disadvantages of the golden rule
No definition of an ‘absurd result’
Two approaches could lead to inconsistency
List 2 advantages of the mischief rule
Responds positively to loopholes in the law
More likely to produce a ‘just’ result
List 2 disadvantages of the mischief rule
May lead to uncertainty
Not all acts have the benefit of explanatory notes
List 2 advantages of the purposive approach
Most likely to = justice in individual cases
Allows judges to respond to new technology
List 2 disadvantages of the purposive approach
- how can judges know what parliaments intentions are?
- leads to same uncertainty as the mischief rule
