Karteikarten
STATUTORY INTERPRETATION
Karten in diesem Stapel (29)
- 1WHY DO WE NEED STATUTORY INTERPRETATION?- Ambiguity in language
- Drafting errors
- New developments
- Changes in the use of language
- Membership of the EU - 2WHAT ARE THE TWO MAIN APPROACHES?Literal Approach
Purposive Approach - 3WHAT IS THE LITERAL APPROACH?Requires that judges take the precise meaning of the words in the statute as plainly and simply as possible
- 4WHAT IS THE PURPOSIVE APPROACH?Aims to interpret the purpose behind the act rather than the wording
- 5WHAT ARE THE THREE RULES?Literal Rule
Golden Rule
Mischief Rule - 6WHAT IS THE LITERAL RULE? + CASESThe court will give words their plain and ordinary meaning, even if it leads to absurd or unjust decision
CASES: R v JUDGE OF THE CITY OF LONDON (definition)
WHITELEY v CHAPPELL (entitled to vote)
BERRIMAN (relaying & repairing)
CHEESEMAN (passenger) - 7ADVANTAGES OF THE LITERAL RULE- Encourages draftsmen to be precise
- Makes law more certain & consistent
- Upholds parliamentary sovereignty
- Satisfies the separation of powers - 8DISADVANTAGES OF THE LITERAL RULE- Too rigid, does not allow for change
- Interprets the word too excessively, disregards the meaning
- Ignores ambiguity of the language
- Can lead to absurd or harsh decisions - 9WHAT IS THE GOLDEN RULE? + APPROACHES + CASESModifcation of the literal rule. Looks at the meaning but can avoid interpretation which would result in a harsh decision
APPROACHES: Broad & Narrow
CASES: BECKE v SMITH (definition)
JONES v DPP - Narrow Approach (vicinity)
R v ALLEN - Narrow Approach (marry)
SIGSWORTH - Broad Approach (murdered his mum to inherit her estate) - 10ADVANTAGES OF THE GOLDEN RULE- Allows judges to avoid harsh decisions
- Respects the words used by Parliament
- Acts as a check for the literal rule - 11DISADVANTAGES OF THE GOLDEN RULE- Judge's interpretation may vary
- Judges gain more control
- Used very rarely, more useful rules - 12WHAT IS THE MISCHIEF RULE? + CASESHEYDON'S CASE - has four elements:
- Common law before the act
- What was the mischief that was not being addressed
- What remedy Parliament is using to address the problem
- True reason of the remedy
CASES: HEYDON'S CASE (definition)
SMITH v HUGHES (street)
EASTBOURNE BOROUGH COUNCIL (street)
ROYAL COLLEGE of NURSES v DHSS (registered medical practitioner) - 13ADVANTAGES OF THE MISCHIEF RULE- Avoids repugnant decisions
- Promotes flexibility within the law
- Reforms and improves law
- Fair and rational to the defendent - 14DISADVANTAGES OF THE MISCHIEF RULE- Undermines Parliamentary sovereignty
- Inconsistency, each judge is different
- Hindered by the availability of extrinsic aids (Hansard) - 15WHAT IS THE PURPOSIVE APPROACH? + CASESBroader than the mischief rule - does not just look at the gap in the law but the intention behind it
CASES: MAGOR & ST. MELLONS
R v REGISTRAR GENERAL
R v SECRETARY OF STATE
COLTMAN v BIBBY TANKERS - 16ADVANTAGES OF THE PURPOSIVE APPROACH- Gives effect to parliament's true intentions
- Justice for defendents
- Broad approach, can cover different situations
- Fills in the gaps within the law - 17DISADVANTAGES OF THE PURPOSIVE APPROACH- Can make law uncertain
- Subjective decision making
- May be difficult to find Parliament's intention
- Relies on extrinsic aids - 18WHAT ARE INSTRINSIC AIDS? + EXAMPLES + CASESInside the act
- Long Title (BLACK CLAWSON)
- Short Title (THEFT ACT 1968)
- Margin Notes (R v MONTILA)
- Explanatory notes (THE EQUALITY ACT) - 19WHAT ARE EXTRINSIC AIDS? + EXAMPLES + CASESOutside of the act
- Hansard (PEPPER v HART)
- Law Commission Reports (BLACK CLAWSON)
- White Papers
- Case Law (SHIVPURI) - 20WHAT IS HANSARD? + CASESThe official report and transcripts of what is said in Parliament during debate
Was not allowed to be refered to in court until 1992
CASE: DAVIS v JOHNSON (Lord Denning challenged the ban)
PEPPER v HART (overruled the decision in Davis v Johnson, could use Hansard as an aid) - 21UNDER WHAT CIRCUMSTANCES CAN HANSARD BE USED?- Legislation is ambiguous or leads to absurd decisions
- The material relied upon consists of one or more statements made by a minister
- The statements relied upon must be clear - 22WHAT PROBLEMS ARE THERE WITH USING HANSARD?- Legal costs (25%)
- Used even where an act has not been ambiguous
- Sometimes it is not helpful and they would've reached the same decision without it - 23WHAT SHOULD PARLIAMENT CONSIDER WHEN PASSING ACTS?- The two approaches
- The three rules
- The rules of language
- Presumptions held by judges
- The theory of the separation of powers - 24WHAT ARE PRESUMPTIONS?Fundamental principles trhta judges assume arew intended to be maintained and not challenged.
Judges stand by these rigidly, if they intend to go against one, they must state it in the act - 25WHAT ARE THE PRESUMPTIONS JUDGES FOLLOW? + CASES- Against a change in the common law (LEACH)
- Mens Rea is required in criminal cases (SWEET v PARSLEY)
- The crown is not bound by statute
- Legislation does not apply before the enactment (Human Rights Act) - 26WHAT ARE THE THREE RULES OF LANGUAGE?Ejusdem Generis
Expressio Unius Exclusio Alterius
Noscitur A Sociis - 27WHAT IS THE MEANING OF 'EJUSDEM GENERIS'? + CASESWhere there is a list of words followed by generic words, then the general words are limited to the same kind of items as the listed specific words
CASES: POWELL v KEMPTON RACE COURSE (house, office, room or other place of betting)
HOBBS (stone, concrete, slag or similar material)
ALLEN v EMMERSON (theatres and other places of amusement) - must have two or more things in the list - 28WHAT IS THE MEANING OF 'EXPRESSIO UNIUS EXCLUSIO ALTERIUS'? + CASES"the mention of one thing excludes others"
Where there is a list or words not followed by general words, then the act only applies to words in the list
CASES: TEMPEST v KILNER (goods, wares and merchandise)
R v INHABITANTS OF SEDGLEY (coal mines) - 29WHAT IS THE MEANING OF 'NOSCITUR A SOCIIS'? + CASES" A word is known by the company that it keeps"
Words must be looked at in context and interpreted accordingly, it involves looking at other words in the same section or at other sections in the Act
CASES: INLAND REVENUE COMMISSIONERS v FRERE (other annual interest)
BROMLEY LONDON BOROUGH COUNCIL v GREATER LONDON COUNCIL (economic)
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- Karteikarten am STATUTORY INTERPRETATION, erstellt von hollie.manning96 am 01/06/2015.
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