Statutory interpretation

Statutory interpretation

1. rules of interpretation

   • Literal rule
     • words that are reasonably capable of only one meaning must be given that meaning whatever the result
       • judge gives the ordinary, plain and natural meaning to the word of the statue
       • Horsman 1998 QB 531, Waller LJ
       • Merits +1 Lord Brougham in 1840
         • Failings - 4
   • Golden rule
     • ordinary words must be given their ordinary meanings and technical words their technical meanings, unless absurdity would result
       • Becke v Smith 150 ER 124 (1836)
       • only applies in exceptional situations to avoid absurd, inconsistent or inconvenient results
         • RE Sigsworth
           • Adler v George
             • R. v Allen
       • Merits + 1 - prevents the absurdity and injustice caused by the literal rule
         • Failings - 1 only applies when literal rule is absurd.
   • Mischief rule
     • when an Act aims at curing a defect in he law an ambiguity is to be resolved in such a way as to favour that aim
     • Heydon's Case (1584)
     • Smith v Hughes, Royal College of nursing v DHSS - Application of rule
     • Merit + flexibilty to judges
       • failings - rule was product of a very old case when legislation was scarce and limited in scope

2. definition - the approach taken by the courts to ascertain the intention of the Parliament in the wording of a particular statue

   • Challenges in Statutory interpretation
     • statutes are legal texts with abstract descriptions which attempt to predict future behaviours
       • statues with uncertainties and ambiguities
         • ambiguity - there are two or more credible readings/interpretations of a statutory provisions
         • Absurdity - the interpretation which the words seem to lead towards lead to an unreasonable, illogical or inappropriate result
     • difficulties in identifying the intention of parliament

3. approaches to discover the intention of parliament

   • Literal approach
   • Purposive approach
     • similar to mischief rule
     • judges to take a narrow reading of a wide provision
       • used to interpret domestic law - the use of Hansard
     • Merits + 3
       • fulfill the actual intention of parliament
       • avoids potential injustices and absurdities
       • not possible to interpret broad rights in a literal manner
     • Failings 1
       • less legal certainty
         • Lord Denning - Magor & st Mellons v Newport Corporation

4. internal aids to construction

   • 4
     • presumptions 8

5. external aids to construction

   • 8

6. external forces on statutory interpretation

   • international Law
   • Human Rights Act 1998
   • The Law of the European Union
   • Supremacy
     • costa v ENEL 1964 ECR 585