Adv and Dis for Statutory Interpretation

Adv and Dis for Statutory Interpretation

1. Statutory interpretation

   • Literal rule
     • ADV
       • Parliamentary Sovereignty is respected (Parliamentry is the supreme law maker)
       • Can highlight problems in an act to Parliament which can then be amended.
         • Fisher v Bell
     • DIS
       • Can produce absurd results
         • London and North Eastern Railway v Berriman
       • Doesn't always give the effect that Parliament intended
       • It is awkward to use when there is more then one literal meaning to a word or phrase
       • Assumes that all Parliamentary draftsmen do their job perfectly
   • Mischeife Rule
     • ADV
       • Avoids unjust and absurd out comes
         • McMonagle v Westminster City Council
       • Promotes Flexibility
         • Smith v Hughes
     • DIS
       • Gives too much Power to the judge
       • The Judiciary can update the legislation
         • Royal college of nursing of the UK v DHSS
       • Not easy to discover the mischief that the act was intending to remedy
       • Out of date
   • Golden rule
     • ADV
       • Prevents absurd results
         • Allen
         • Re Sigsworth
       • More intended to produce result intended by Parliament
     • DIS
       • It is un-predictable- which makes it hard for lawyers to advise clients
       • Too much power given to the Judges
       • The legal Scholar Michael Zander describes this rule as a 'Feeble Parachute'
   • Purposive Approach
     • ADV
       • Used in other courts part of the EU
       • More likely to give the intention of Parliament
         • Coltman v Bibby tankers
       • Lord Denning Preferred Purposive approach to the literal approach
     • DIS
       • Gives too much power to the unelected Judiciary
       • Judges can overstep their mark by making decisons based on public policy
         • Fitzpatrick v Sterling Housing Association
   • Extrinsic Aids
     • ADV
       • Dictionaries are good when using literal rule
       • Referring to other Acts is good when determinging the misheif
       • Interpretation Act is useful when interpreting words and phraes
       • Reports of the Law commission are useful when following the mischief and purposive approach
       • Hansards are useful when applyign the mischeif or purprosive approach
         • Lord Denning
       • Explanatory notes are very useful as the language used is normally more accessible then that used by Parliament.
     • DIS
       • Dictionaries are not very useful when not using the literal rule
       • The interpretation act is limited in scope and not useful when interpreting technical or specialised provisions
   • Intrinsic Aids
     • ADV
       • Long and short titles are of limited use but the long title can remind the court of what the Act is trying to achieve
         • May be useful when using the mischief and purposive approach
       • Preamable's are useful when adopting the mischief or purposive approach
       • Schedules are useful to understanding the provisions of the Act they refer to
       • Definition sections are useful when using the mischief or purposive approach
       • Punctuation is useful when interpreting the provisions of an Acts