STATUTORY INTERPRETATION

Question 1

WHAT IS STATUTORY INTERPRETATION

Answer 1

Where judges give a meaning to the words of an Act of Parliament when they are delivering their judgment in court

Question 2

THE LITERAL RULE

Answer 2

• The judges reads the statue as a whole, putting the words in context
• The words are given their plain ordinary grammatical meaning regardless of the outcome

Question 3

WHAT DID LORD ESHER SAY IN THE JUDGEMENT OF R V JUDGE OF CITY OF LONDON COURT

Answer 3

• If the words of the Act are clear then you must follow them even if they lead to a manifest absurdity

Question 4

CASES FOR THE LITERAL RULE

Answer 4

• Fisher v Bell
  Held that D was not guilty as literal rule applied to the offence and the shop keeper has not committed an offence (displaying a flick knife with a price tag)

Question 5

ADVANTAGES OF THE LITERAL RULE

Answer 5

• Follows words used by Parliament : judges should apply law exactly as written
• Makes the law more certain : law interprets as intended by Parliament and easier to follow
• Focus the mind of Parliament : forcing them to be clear when considering wording of Act
• Respects separation of powers : judges have minimal or no legal legislative function

Question 6

DISADVANTAGES OF THE LITERAL RULE

Answer 6

• Rule assumes every act is perfectly worded : Dangerous Dog Act 1991
• When law is drafted it is impossible to cover every situation
• Words may have more than one meaning leading to the Act being unclear
• Use of real can demand unrealistic perfection of wording by draftsman anf the ability to forsee every situation

Question 7

THE GOLDEN RULE

Answer 7

• The rule looks at the literal meaning of the words but the judge is then allowed to avoid an interpretation that would lead to an absurd result

Question 8

THE NARROW APPROACH IS

Answer 8

Court chooses a possible meaning of the words but if there is only one meaning then that must be given

• R v Allen : Held that ‘shall marry’ to be interpreted as going through a ceremony and D was guilty

Question 9

THE BROAD APPROACH IS

Answer 9

If a clear meaning would lead to a repugnant result the judge will modify the meaning of the words

• R v Sigsworth : The court wrote into the Act that the D was bot entitled to inherit where they had killed the deceased

Question 10

ADVANTAGES OF THE GOLEN RULE

Answer 10

• Rule respects exact words of Parliament except in limited situations
• Narrow approach allows the judge to choose the most sensible meaning

Question 11

DISADVANTAGES OF THE GOLDEN RULE

Answer 11

• Limited in its use : only used in rare occasions and it is not always possible to predict when courts will use golden rule over literal rule
• Micheal Zander described it as a feeble parachute

Question 12

THE MISCHIEF RULE

Answer 12

• The judge looks at the gap in the law before the Act passed and interprets the words to cover the gap and deal with the mischief

Question 13

HEYDON’S CASE

Answer 13

1- What was the common law before the making of Act
2- What was the mischief and defect for which common law did not provide
3- What was the remedy Parliament gave
4- The true reason for that remedy

Question 14

CASES FOR THE MISCHIEF RULE

Answer 14

Smith v Huges
Held : The courts applied the mischief rule holding that the activities of the D were within in the mischief the Act was aimed at even though under a literal interpretation they would be in a private place

Question 15

ADVANTAGES OF THE MISCHIEF RULE

Answer 15

• Promotes the purpose of the law : allows judges to look at the gap in the law and produce a just result
• Law Commission prefers this rule : recommended that is should be the only rule used in statutory interpretation

Question 16

DISADVANTAGES OF THE MISCHIEF RULE

Answer 16

• May lead to uncertainty and difficulty in interpretation
• Risk of judicial law making when this rule is used

Question 17

THE PURPOSIVE APPROACH

Answer 17

• This approach can be regarded as an extention of the mischief rule
• The court is not just looking to see what gap was in the old law, it is making a decision as to what they felt Parliament meant to achieve

Question 18

CASES FOR THE PURPOSIVE APPROACH

Answer 18

R v RG Ex Parte Smith
Held : HOL used purposive approach as Parliament could not have intended to promote a serious crime

Question 19

ADVANTAGES OF THE PURPOSIVE APPROACH

Answer 19

• Judges can take into account new technologies
• Judges can fill any gaps in the law left by Parliament
• Just decisions are made

Question 20

DISADVANTAGES OF THE PURPOSIVE APPROACH

Answer 20

• Undemocratic : judges are interpreting laws in a way they consider Parliament meant, with Jo accountability in their court decisions
• Time consuming
• Expensive and uncertain result

Question 21

INTRINSIC AIDS

Answer 21

Items within statue :
- long title and short title
- preamble
- headings
- schedules
- marginal notes
- interpretative section

Question 22

EXTRINSIC AIDS

Answer 22

Items outside statue :
- pre-legislative documents
- previous acts
- dictionaries
- academic books