What Is Statuory Interpretation

Question 1

What does statutory interpretation mean?

Answer 1

Process of working out meaning of words in act of parliament

Question 2

Why might meanings of an act be unclear?

Answer 2

Ambidgity= 2 or more meaning
Drafting errors= error by parliament
Change of use langauge= words changing overtime

Question 3

What are the 6 statues that judges follow one by one?

Answer 3

Literal rule
Golden rule
Mischief role
Purposive rule
Intrinsic (within) and extrinsic (outside act) aids
Effects of EU law and Human rights act

Question 4

What happens to an EU law, where can it straight go to?

Answer 4

Purposive rule

Question 5

What is the literal rule?

Answer 5

Ordinary meaning even if it leads to absurdity

Question 6

Whitley V Chappel

Answer 6

Dead people are not entitled to vote, therefore no offence committed

Question 7

London + NE Railway co + beriman

Answer 7

Mr B was not literally doing his job when he was killed

Question 8

Fisher V Bell

Answer 8

Displaying an item in contract law is known as Invitation to treat

Question 9

Cheeseman V DPP

Answer 9

Oxford English Dictionary meant “a traveller someone on foot by passing through” police were stationed not passengers

Question 10

What is the golden rule

Answer 10

Application of literal rule leading to absurdity

Question 11

What are the 2 approaches which courts will apply second meaning?

Answer 11

Narrow = courts choose between meanings
Wide = one clear meaning

Question 12

Narrow cases- Jones V DPP

Answer 12

If there are capable of more than one meaning then you can choose, but beyond this you can’t

Question 13

R V Allen

Answer 13

Court interpreted the phrase “ to marry” to go through a ceremony of marriage

Question 14

Adler V George

Answer 14

Narrow approach used to extend the meaning of within the vicinity to include in as-well as around the base

Question 15

Wide- RE sigsworth

Answer 15

Wide approach used to prevent repugnant outcome

Question 16

Haw V Home Secretary

Answer 16

Allowing protest that started before 2005 act would be repugnant

Question 17

What is the mischief rule

Answer 17

Requires the judge to look for missing gaps/mischief that needed to be cover

Question 18

Smith V hughes

Answer 18

D’s activities were bothering men on the street, was mischief rule

Question 19

Royal college of Nursing V DHSS

Answer 19

Mischief act was designed to stop backstreet abortions with no medical care

Question 20

Eastonboure BC V Stirling

Answer 20

Although he was on private land he was likely to get custom

Question 21

What is purposive approach?

Answer 21

Modern rule of mischief but Judges decide what the parliament was trying to say

Question 22

What do EU Law and E judges use?

Answer 22

Purposive rule

Question 23

R V register

Answer 23

Purpose behind act was to reunite families and create new family units

Question 24

Jones V Tower Boot

Answer 24

Purpose was to band racism in workplace

Question 25

R V Z

Answer 25

Purpose behind act was to ban memberships of terrorists organisations

Question 26

What is examples of intrinsic aid

Answer 26

Long Titles that come within the act itself

Question 27

What are examples of Extrinsic aid?

Answer 27

Outside the act Oxford dictionary, law reports

Question 28

What must judges do when making a legalisation?

Answer 28

Must real all legalisation that occur without causing problems with European Convention on Human rights

Question 29

What happens when an act has more than one meaning?

Answer 29

Judge must choose a meaning that makes the English law compatible with European convention on human rights

Question 30

What happens when the Law is incompatible with the European convention on human rights

Answer 30

Judge makes declaration of incompatibility which alert government to change legislation