Mindmap
Rules of Interpretation
Inhalt der Mindmap
Rules of Interpretation
The Literal Rule
- giving words their plain, ordinary, dictionary meaning - no matter how unfortunate consequences
- Pinner v Everett
- 'natural and ordinary meaning of that word or phrase in its context'
- Pinner v Everett
- Whiteley v Chappell
- 'any person entitled to vote'
- North Eastern Railway Co. v Berriman
- unable to claim compensation for husband's death when maintaining railway line. lookout only to be provided for repairing or relaying
- unfair / unjust decision
- maintenance of railway, lookout
- R v Porter
- had deleted and therefore no access so wasn't literally 'in possession' of child pornography and was not guilty
- child pornography
- Advantages
- respects sovereignty of P.
- unelected judges should not change what elected P. has written
- Magor and St Mellons v Newport Corporation
- problems with wording: 'remedy lies in amending act' (Lord Simonds)
- Fisher v Bell
- problems with wording: 'remedy lies in amending act' (Lord Simonds)
- encourages certainty
- quick decisions
- Cheeseman
- 'passenger' was defined in 1847 dictionary (year of statute interpretation)
- Berriman
- Cheeseman
- respects sovereignty of P.
- Disadvantages
- can lead to unfair / absurd results
- silly decisions to everyday people
- difficult to apply when words have more than one meaning
- Allen
- inflexible, does not allow for common sense
- Mechanical and divorced from the realities of the use of language
- can result in cases being decided on technicalities
- giving words their plain, ordinary, dictionary meaning - no matter how unfortunate consequences
The Golden Rule
- a modification of the literal rule
- use literal rule unless produces an absurd result
- narrow application
- Lord Reid : Jones v DPP
- if word is ambiguous, may choose between possible meanings to avoid absurdity
- applied to R v Allen
- 'marry'
- Lord Reid : Jones v DPP
- wider application
- only one meaning, but would lead to absurd / repugnant situation
- Adler v George
- 'vicinity of'
- Advantages
- allows court to make sensible decisions
- can choose most sensible meaning
- Re Sigsworth
- prevented a murderer inheriting from his victim
- Re Sigsworth
- can choose most sensible meaning
- prevents P. having to pass amending leg.
- respects authority of P. as wording is altered in only very limited situations
- allows court to make sensible decisions
- Disadvantages
- only allows judges to change wording of statutes in limited circumstances
- Michael Zander: 'a feeble parachute'
- not much use
- could not be used in cases like Berriman
- could not be considered absurd or repugnant, even though unfair
- unpredictable and lacks guidelines
- Michael Zander: 'an unpredictable safety valve'
- LC 1969: rule of limited value, no clear means to test meaning of absurdity
- arguably undemocratic because unelected judges can change what P. has written
- a modification of the literal rule
The Mischief Rule
- four factors to consider: Heydon's Case 1584
- common law before Act was passed?
- mischief that the Act was designed to remedy?
- remedy that P. was trying to provide?
- reason for the remedy?
- J. should look for 'mischief' that A. was designed to remedy and interpret A. so that remedy is achieved
- Smith v Hughes
- 'soliciting in the street'
- Royal College of Nursing v DHSS
- Abortion Act 1967: 'registered medical practitioner'
- Advantages
- gives effect to P.'s intentions
- allows J. to use common sense, prevents P. needing to pass amending A.
- 'fill the gaps'
- Northman v London Borough of Barnet
- what P. would have done
- allows J. to consider social / tech changes
- allows J. to look at external aids
- Disadvantages
- finding intention of P. can be difficult
- reasonable to argue that what P. intended can only be seen in A.
- undemocratic
- too much power to unelected J.
- democratic solution would be amending A.
- arguably J. to be guided by P. enactments, not intentions
- out of date, does not reflect modern needs
- J. no longer draft statutes as they used to
- might cause uncertainty if J. changes meaning of statute
- Stock v Frank Jones
- Lord Simonds: 'ordinary citizens and their advisers hardly know where they stand'
- Stock v Frank Jones
- four factors to consider: Heydon's Case 1584
The Purposive Approach
- used in Europe
- membership of EU and HRA 1998 has increased its use
- Pepper v Hart
- 'the courts now adopt a purposive appraoch'
- requires court to examine object of A and to construe doubtful passages in accordance with that purpose
- Jones v Tower Boot Co.
- decided that racial harassment by fellow workers was 'in the course of employment' making employer liable purpose of legislation could be achieved by giving words a meaning other than natural meaning
- R v Registrar General ex parte Smith
- court felt P. would have wanted mother to be protected Adoption Act 1976 allow adoptees to find identity of birth parents - though not P. intention to allow this is person posed a threat
- Jones v Tower Boot Co.
- Advantages
- makes sense to look at whole purpose of A.
- gives effect to P. intentions
- Coltman v Bibby Tankers
- Employers Liability (Defective Equipment) Act 1969
- intended to protect workers in the workplace - reasonable to include ships as equipment even though not specified
- Employers Liability (Defective Equipment) Act 1969
- Coltman v Bibby Tankers
- allows common sense
- sensible to use external aids
- allows J. to consider social / tech changes
- Disadvantages
- finding intention of P. can be difficult
- arguably undemocractic
- too much power to unelected J.
- can cause uncertainty
- used in Europe
Informationen
- Beschreibung
- A Level Law (Law Making & The Legal System) Mindmap am Rules of Interpretation, erstellt von Tan Nah am 06/04/2017.
- Erstellt von
- Tan Nah · Apr 2017
- Aktualisiert
- 3 Feb 2018
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- Erstellt von Tan Nah · 6 Apr 2017
- Kopiert von Tan Nah · 6 Apr 2017
- Kopiert von Tan Nah · 6 Apr 2017
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