Statutory Interpretation

Statutory Interpretation

1. Intrinsic and Extrinsic aids to interpretation

   • Intrinsic
     • Long and Short titles
       • The Law of Property Act
     • Pramble
       • The Theft Act
     • Interpretation sections
     • Schedules
       • The Postal Services Act
       • The Postal Services Commission
     • Marginal noted and Headings
     • Punctuation
   • Extrinsic
     • Dictionaries
       • DPP v Cheeseman
     • Reports of Royal Commissions or law reform bodies
     • The Human Rights Act 1998
     • Previous or contemporary Acts
     • Historical setting
       • RCN v DHSS
     • Work of leading academics
       • Pollocks
         • Dunlop v Selfridge
     • Reports of International Conventions
       • Fothergill v Monarch Airlines
     • Hansard
       • Davis v Johnson
       • Pepper v Hart

2. Advantages and disadvantages of the purposive approach

   • Gives effect to Parliament's true intentions
   • Goes directly against the Doctrine of Separation of Powers and Supremacy of Parliament
   • Makes extensive use of extrinsic aids
   • Can only be used if Parliaments intentions can be identified
   • Avoids absure, unjust and harsh outcomes of the literal approach
   • Avoids the destructive analysis of language
   • More suited to European law, not English Legislation

3. Advantages and disadvantages of the literal rule

   • Respects the Separation of Powers and Supremacy of Parliament
   • Avoids judges being accused of law making
   • Rule occassionally produces absurd, unjust and indefensible results that cannot represent Parliaments true intentions
     • DPP v Cheeseman
   • Judges say they are doing Parliament a service by drawing faulty legislation and loopholes to their attention
     • Fisher v Bell
   • Fails to realise that language has its limitations
   • Is predictable and offers certainty and consistency in comparison to other approaches
   • Demands standards of unattainable perfection from Parliamentary draftsmen

4. The Rules of Language

   • Specific
     • Tempest v Kilner ('goods, wares and merchandise')
   • General
     • Powell v Kempton Park Racecourse ('keeping a house, office, room or other place for betting')
   • Context
     • Pengelly v Bell Punch Co Ltd ('floors, steps, stairs, passages and gangways')