Statutory Interpretations

Statutory Interpretations

1. Literal Rule

   • Under this rule courts will give words their plan, ordinary or literal meaning even if it was not sensible
   • London and north eastern railway v Berriman 1946
     • Literal rule can lead to injustice
       • Not 'relaying or repairing' track but was oiling points ( so it was maintenance). maintenance was not within the literal meaning of the words 'relaying or repairing'. widow could not claim compensation
   • Disadvantages of Literal Rule
     • assumes that every act is perfectly drafted
     • words have more than one meaning like 'type' Dangerous dogs act 1991
     • can lead to absurd results
     • can lead to unjust results
   • Advantages of the literal rule
     • restricts the role of judges
     • provides no scope for judges to use their own opinions to prejudices
     • Upholds the separation of powers
     • recognises parliament as the supreme law maker

2. Golden rule

   • Modification of the literal rule- Judges should the literal rule unless it would produce absurd results. can choose best interpretations of ambiguous words or avoid absurd results
   • Narrow approach
     • Adler v George --- the words 'in the vicinity of' interpreted as ' in or in the vicinity' under the official secret act 1920
   • Wide Approach
     • which gives more judicial discretion to modify. RE sigsworth
       • Son not allowed to inherit money from mother because he murdered her .
   • Advantages of the Golden rule
     • Can Avoid absurd results - Adler v George
     • Can ensure justice/fairness
     • Respect to authority of Parl - Parliament supremacy - Seperation of powers
   • Disadvantages to the Golden rule
     • Does not follow exact words (esp in the wider approach) = judicial law making
     • Not flexible can only use with literal/ limited application in practice. 'feeble parachute' -Zander
     • Unpredictable you never know when its going to be used- make it hard for lawyers to advise there clients

3. Mischief rule

   • This is the oldest rule and was first used in Hughes 1584
   • court should consider 4 things
     • what the common law was before the act was passed
     • what was the mischief that the act was designed to remedy
     • what was the remedy the parl hath resolved and appointed to cure the disease of commonwealth
     • the true reason of the remedy
   • smith v hughes
     • prostitutes calling from a house to men in the street were 'soliciting in a street'. with the literal rule would have been found guilty
     • This was the mischief that the act was intended to prevent. Lord Parker 'everybody knows this was an act to clean up the streets
   • Pros of the Mischief Rule
     • Just Sensible decisions - Smith v Hughes
     • Supports Parliaments intentions
     • Wider = flexibility for judges
     • LC preps it
   • Cons of the Mischief rule
     • Risk of judicial law making
     • Not as wide as the purposive approach
     • limited to looking back to the law prior to the act
     • Can make law Uncertain

4. Rules of Language

   • Nosicutur a sociis
     • Words take their meaning form those around them - ambigious words or phrases can be clarified by referring to the context in which they are used
     • Inland Revenue v Fere 1964
       • where the section set out the rules for 'intrest ,annulties or other annual intrest' because of the words ' other annual interest' they deicided intrest only mean annual
   • Ejusdem generis rule
     • Powell v kempton Park 1897
       • This applies where a statute contains a list of items followed by and 'other....' when the courts are determining what is counts as 'other; they will look at the context of the things is the list
   • Expressio unius est exclusio alterius
     • Tempest v Kilner 1846
       • where there is a list of word which is not followed by general words, then the act applies only to the items in the list

5. Aids

   • Internal Aids
     • these are found within the act itself
       • the title of the act maybe reffered to as well for guidance (abortion act 1967
         • older statutes often contain a preamblee
           • newer acts may contain a objective and purpose section at the beginning
   • External aids
     • Dictionaries - cheeseman 1990 had to 1847 dict
       • The interpretation act 1978 - provides definition of certain words
         • reports of the Lc
           • Hansard

6. Hansard

   • Reports of Parl debates
   • The act mst be ambigious or obscure
   • judges may look only at statements made by a minister or promoter if the bill
   • pepper v hart 1993

7. Purposive Approach

   • looks for the purpose of Parl and interprets the law to ensure that purpose
   • R (Quintavlle ) v Sec of state 2003
     • act stated embryo meant ' a lie human embryo where fertilisation is complete, embryos were created by cell nuclear replacement, so there was no fetillisation
       • Purposive Approach- Parliament could not have intended to distinguish between embryos, so the act was applied
   • Advantages of PA
     • it allows judges to cope with situations unforeseen by parliament (e.g quintavelle)
     • it allows the law to develop to cover advances in medical science (e.g quintavelle)
     • lead to justice in individual cases
   • Disadvatages of the PA
     • Leads to judicial law making
     • can make law uncertain
     • Difficult to discover the intentions of parliament