Statutory Interpretation

Question 1

State the methods of SI

Answer 1

• Literal rule
• Golden rule
• Mischief rule
• Purposive approach

Question 2

Explain the literal rule

Answer 2

The dictionary definition of the words in the statute -
- Whiteley v Chappell
- London + NE Railways Co v Berriman
- Fisher v Bell

Question 3

Explain the golden rule

Answer 3

The literal meaning of the words unless absurd. Narrow approach = choosing between multiple different meanings. Wide approach = alter meaning to avoid absurdity.
- Adler v George
- Re Sigsworth
- Burstow

Question 4

Explain the mischief rule

Answer 4

Look the lacuna in the law the act was attempting to cover
- Smith v Hughes
- Royal College Nursing v DHSS

Question 5

Explain the purposive approach

Answer 5

Approach recommended by LC and EU. Look to the purpose of the act and what parliament was trying to achieve.
- RG ex parte Smith
- Coleman
- Miranda v Home Sec
- Quintaville v Human Fertilisation + Embryology Authority

Question 6

What are the intrinsic aids to SI

Answer 6

Intrinsic = within the statute
- Preamble
- Explanatory notes
- Glossary
- Long/short title
- Margin notes

Question 7

What are the extrinsic aids to SI

Answer 7

Extrinsic = outside of the statute
- Historical context (grievous in OAPA 1861)
- Dictionaries of the time (Jewell)
- Previous cases
- International treaties
- Hansard (Pepper v Hart)
- Other statute (Interpretation Act 1978)

Question 8

What is the impact of SI

Answer 8

ECtJ prefers purposive approach to interpreting EU law, habit of purposive approach with likely continue after BREXIT, statute must be interpreted in a way which is compatible with HRA 1998 (Mendoza v Ghaidan)

Question 9

Describe the advantages of statutory interpretation

Answer 9

• Literal = parliamentary sovereignty, force clarity focus, separation of powers
• Golden = parliamentary sovereignty, avoids absurdity
• Mischief = negates loopholes, produced just result
• Purposive = just, react the change (eg. tech), judicial discretion

Question 10

Describe the disadvantages of statutory interpretation

Answer 10

• Literal = not enact will of parliament, assume perfect statute, irresponsible, undermine parliamentary intent, erroneous assumption of language
• Golden = inconsistent, no def of absurdity, feeble parachute
• Mischief = undermine parliamentary sovereignty, uncertainty
• Purposive = hard to determine intention, undemocratic, undermine parliamentary sovereignty, uncertainty