Statutory Interpretation Flashcards
What is the difference Between a rule and a law?
In all societies there are rules for keeping order. A rule is something that determines the way in which we behave. Rules exist in many contexts. Rules often develop from the ‘norms of behaviour’. Law is a formal mechanism of social control. Legal rules can change instantly and must be obeyed. They are imposed and in forced by the state.
What are the four methods of interpreting statutes?
- The literal rule
- The golden rule
- The mischief rule
- The purposive approach
What is the literal rule?
Give an example.
Judges give words in statutes their ordinary natural dictionary meaning even if it results in an absurd outcome to cases.
FISHER v BELL: shopkeeper displayed a flick knife marked with a price. However it was not an ‘offer for sale’ as it had not been offered to someone but it was an invitation for someone else to make the offer. Therefore using the literal rule the shopkeeper was found not guilty of making an ‘offer for sale’.
Advantages of the literal rule?
The best way to interpret the intention of parliament, thus respecting the supremacy of Parliament as judges are not elected for the job so should not change laws.
It also encourages certainty and a predictable result.
Some may argue that by following the words exactly they are doing parliament a service by drawing attention to the faulty legislation such as in FISHER V BELL.
Disadvantages of literal rule.
Could lead to absurd outcome. Such as in WHITELY L V CHAPPEL.
It assumes every act is perfectly drafted which is not always the case. Words can have more than one meaning or change their meaning over time.
What is the golden rule?
The golden rule is a modification of the literal rule and may be use if a judge considers that the literal rule would lead to an absurd outcome. There are two ways in which the golden rule has operated in cases: the narrow way and the wider way.
What is the narrow way?
Give an example.
Where words have more than one meaning, meaning that is least absurd should be used.
ADLER V GEORGE: inside RAF base, ‘in the vacinity’
What is the wider way?
Here the golden rule is used to modify clear words in a statute to avoid an absurdity.
RE SIGSWORTH: son murdered mother to inherit her estate, should go to next of kin however they decided that he shouldn’t get the money or benefit from his crime.
Advantages of the golden rule
Allows
Disadvantages of golden rule
Doesn’t
What is the mischief rule?
Give an example.
Since Heydons case (1584) judges should consider 4 factors: what was the common law before the statute?, what ‘mischief’ was the statute trying to remedy?, what was the remedy proposed by parliament?, what was the true reason for that remedy?
SMITH V HUGHES: soliciting ‘in a street or public place’ but they were in their own property. They were found guilty because the court decided the mischief was to enable people to walk down the street without being harassed and the women were harassing people.
Advantages of the mischief rule
An
Disadvantages of the mischief rule
Do
What is the purposive approach?
The purposive approach requires the court to work out the general purpose of parliament in passing the act and then interpret the act to fulfil that purpose. They also look outside the act at extrinsic aids such as Hansard.
R V REGISTRAR-GENERAL,EX PARTE SMITH : prevented a murderer getting his birth certificate to find out who his real mother was as he may have intended to kill her as this would go against the purpose of the statute.
COLTMAN V BIBBY TANKERS: death on ship that capsized caused by defective ‘equipment’ which did not include ships but they assumed it did.
What are some extrinsic aids and which ‘rule’ are they used for?
1) Authorised dictionary - literal rule
2) Law reform report- used for mischief rule or purposive approach
3) the INTERPRETATION ACT e.g he includes she - literal
4) Hansard(official record of everything said in parliament) where a word was interpreted in a debate - purposive approach
5) international treaty
