Statutory Interpretation Flashcards
(24 cards)
what is The Literal Rule
The judge reads the statute as a whole, putting the words into context. In doing so, words are given their plain, ordinary, grammatical meaning regardless of the outcome
what is a case example of the literal rule
whiteley v chappell
what are 3 advantages to the literal rule
Respects Parliamentary sovereignty
The literal rule creates certainty which agrees
with the rule of law
Agrees with the separation of powers
what are 3 disadvantages to the literal rule
It can lead to absurd outcomes e.g. Whiteley v
Chappell
It can lead to unjust outcomes as in LNER v
Berriman
Does not take into account words having more
than one meaning
what is The Golden Rule
This rule states that the literal rule should be followed unless it would lead to an absurd decision which Parliament would not have intended.
what is the narrow view + case
The Narrow View is that where a word or words have two possible meanings but one
would produce an unwanted or absurd outcome the court may choose between them
R v allen
what is the wide view + case
The Wide View is that where the words have only one clear meaning, but their literal
meaning would lead to a repugnant situation
Re Sigsworth
what are 3 advantages to the golden rule
Avoids the absurdity and injustice associated
with the literal rule
Ensures justice and fairness is achieved
Respects the exact words of Parliament, except in limited situations
what are 3 disadvantages to the golden rule
Allows judges to re-write Statute law and so gives them too much power, contrary to the separation of powers
The Golden Rule is very limited in its use –Zander described it as a ‘feeble parachute’
There is no clear definition as to what is an
‘absurd result’ – lacks certainty
what is The Mischief Rule
the court looks at the gap in the law that Parliament had felt it necessary to fill by
passing the Act. It then interprets the Act to fill that gap and to remedy the ‘mischief’ Parliament had been aiming to remedy
According to Heydon’s case (1584) what 4 things must the court consider for the mischief rule
- What was the common law before the making of the Act?
- What was the mischief and defect for which the common law did not provide?
- What was the remedy that Parliament resolved?
- The true reason for that remedy.
What is an example of the mischief rule being used
Smith v Hughes
what are 3 advantages to the mischief rule
Promotes the purpose of the law –allows the judge to look back at the gap in the law which the Act was designed to cover, e.g. Smith v Hughes
More likely to produce a ‘just’ result than the more rigid literal/golden rules
judges try to interpret the law in the way Parliament meant it to work, which is why the Law Commission prefers the mischief rule
what are 3 disadvantages to the mischief rule
The mischief rule risks judicial law making which is contrary to the separation of powers and may infringe on parliamentary sovereignty
Judges do not always agree on when to use the mischief rule
The mischief rule is not as wide as the purposive approach as it is limited to looking back at the gap in the old law
what is The Purposive Approach
the court is not just looking to see what the gap was in the old law; it is making a decision as to what they felt Parliament meant to achieve
what is a case example of the purposive approach
Jones v Tower Boot Co
what are 3 advantages to the Purposive Approach
Leads to justice in individual cases. A broad approach which allows the law to cover more situations than applying words literally.
Useful when there is new technology which was not present when the Act was passed
Gives judges more discretion than using the literal meaning of words. This allows judges to avoid absurd outcomes.
what are 3 disadvantages to the Purposive Approach
Use of the purposive approach may mean the judges refuse to follow the clear words of Parliament and instead substitute their own view of what Parliament intended
It can be difficult to discover the intention of Parliament
Use of the purposive approach leads to uncertainty in the law
what does The European Court of Justice adjudicate on
legal disputes between European Union (EU) countries and their citizens
what laws must uk laws be compatible with
Laws in the UK must be read and applied to be compatible with EU law in the same way that they must be read to be compatible with human rights.
what does the uk law having to be compatible with Eu conflict with
parliamentary sovereignty
what case is an example of domestic courts must follow decisions from the European Court of Human Rights
Mendoza v Ghaidan
