Statutory interpretation Law making

Question 1

Definition of statutory interpretation

Answer 1

When a judge gives meaning to words of an act of parliament when delivering their judgement in court.

Question 2

Literal rule definition

Answer 2

Ordinary and plain reasoning.

Question 3

City of London court

Answer 3

‘If words of act are clear you must follow them no matter if they result in an absurdity.’

Question 4

Worker killed whilst doing maintenance. Courts took words ‘relaying’ and ‘repairing’ literally so widows claim failed.

Answer 4

Beriman

Question 5

Cheeseman

Answer 5

D indecent exposure police caught him. Passengers implied literal and police weren’t seen as trespassers so not liable.

Question 6

Advantages of literal rule

Answer 6

Parliament supremacy
Certainty as results are predictable
Decisions made quickly
Encourages parliament to amend and reform laws.

Question 7

Disadvantages of literal rule

Answer 7

Lead to absurd results
Unfair harsh results
Lawyers think easily predict outcome however cant.
Old fashioned and outdated

Question 8

Lead to absurd results case

Answer 8

Chappel

Question 9

Unfair harsh results case

Answer 9

Beriman

Question 10

Lawyers think easy to predict case

Answer 10

Allen

Question 11

Old fashioned and outdated case

Answer 11

Hart

Question 12

Golden rule definition

Answer 12

Starts with a literal approach and if produces absurd result allowed to be flexible.

Question 13

Narrow golden rule

Answer 13

Chose best interpretation of ambiguous words.

Question 14

Wide golden rule

Answer 14

Words only one meaning but can modify if ambiguous.

Question 15

Sigsworth

Answer 15

Golden rule was used to stop murderer inheriting victim’s inheritance.

Question 16

Narrow golden role was used words ‘in the vicinity’ interpreted as ‘being in or in the vicinity’. D was guilty.

Answer 16

George

Question 17

Allen

Answer 17

Golden rule used on ‘shall marry’ so it was the ceremony and D charged with bigamy.

Question 18

Golden rule advantages

Answer 18

Respect parliament authority whilst allowing flexibility fairly certain outcomes
Quick and easy
prevent unfair or absurd decisions.

Question 19

Golden rule disadvantages

Answer 19

Subjective as who decides what is absurd
Creates unpredictability with use of narrow and wide
Goes against parliament supremacy
outdated

Question 20

Mischief rule rules

Answer 20

Looks at mischief act was trying to stop
Looks at common law before act passed
What was the remedy parliament proposed
What was the true reason for the remedy

Question 21

Hughes

Answer 21

Court used mischief rule on prostitutes who claimed they weren’t soliciting in the streets and found them guilty.

Question 22

Mischief rule made medical improvements with abortions legal.

Answer 22

DHSS

Question 23

Grey

Answer 23

Applied mischief rule and found statue was about ensuring the injured was compensated so D was liable.

Question 24

Mischief rule advantages

Answer 24

Aims to give effect to true intention of parliament, More flexible approach
Uses expertise of judges
Produces fairer outcomes than literal and golden rule.

Question 25

More flexible approach case

Answer 25

DHSS

Question 26

Mischief rule disadvantages

Answer 26

Too much power to judges Difficult to apply Uncertainty Outdated

Question 27

Why does the mischief rule bring uncertainty?

Answer 27

as statues can be over ruled by reinterpretation.

Question 28

Why is the mischief rule outdated?

Answer 28

Comes from 1584.

Question 29

Purposive approach definition

Answer 29

Judges interpret by trying to work out what parliament meant and the purpouse.

Question 30

Quintavalle

Answer 30

wide interpretation of what an embryo could be.

Question 31

Using purposive approach to look at what was outside scope of employment and discrimination was so employers liable.

Answer 31

Tower boot

Question 32

Hart

Answer 32

The days have passed when the courts adopted a literal approach.

Question 33

Purposive approach advantages

Answer 33

Helps fulfil parliament's intention, Helpful when interpreting human rights law as this is all they use judges expertise, More sensible outcomes

Question 34

Purposive approach disadvantages

Answer 34

Too much power to judges Difficult to find out what parliament debated and said Uncertainty created in legal system Judges should not be making laws in matters of public policy.