Flashcards
Statutory Interpretation
Flashcards do conjunto (35)
- 1Introduce the Literal Rule and what it entails.Judges give words their ordinary, natural, dictionary definition meaning, even if the result is absurdity or hardship. Most respectful of Parliamentary Sovereignty. Can be said to be lazy as it's 'mechanical and unrealistic'
- 2What did Lord Esher say in R V Judge of City of London Court [1892]?If the words of an Act are clear, you must follow them even if they lead to absurdity.
- 3What did Lord Simonds say in Magor & St.Mellons V Newport Corporation [1951]?Interpret the word that the legislature has used.
- 4What happened in Whitely V Chappell [1868]?D impersonated a dead person and voted, as a dead person is LITERALLY not entitled to vote, D was acquitted.
- 5What happened in LNER CO V Berriman [1946]?Claimants husband died while oiling the line. "Repairing or relaying" should provide a look out, but he was only maintaining. NO DAMAGES awarded.
- 6What are the advantages of the literal rule?Respects Parliamentary Sovereignty
Respects SOP
Laws are more certain. - 7Outline the disadvantages of the literal rule.Assumes every statute is perfectly drafted W V C [1868]
Unjust decisions LNER V Berriman [1946]
Zander- mechanical - 8Introduce the golden rule.If it would lead to absurdity, the judge is entitled to 'tweak' the meaning to avoid that. More flexible than literal and there are two approaches.
- 9What does the 'narrow approach' entail?If the law gives 2 possible meanings, the court must select the 'least absurd'. Narrow because it's a restricted role. Jones V DPP [1962], Lord Reid said CHOOSE.
E.G. Adler V George [1964], in the vicinity. - 10Discuss the 'wide approach'.Used to avoid a repugnant situation. E.G. Sigsworth [1935]
- 11What are the advantages of the golden rule?Respects PS, except in limited situations to prevent absurdity & injustice.
Provides an 'escape route' to allow judges to do the most sensible thing. - 12What are the disadvantages of the golden rule?Only used on rare occasions, not possible to predict its use.
"Feeble Parachute", Zander as no clear meaning what absurd means. - 13Introduce the mischief rule.Gives judges more freedom as they look for the problem and interpret the law according to the scenario. Reflect Parliament's wider intentions.
- 14What four points did Heydon's case [1584] include?1.What was the CL before the Act?
2.What was the mischief for which the CL didn't provide?
3.What remedy did Parl. create to deal with the mischief?
4.The function of the judge is to then use the remedy to suppress the mischief. - 15What happened in Elliot V Grey [1960]?RTA 1930 said offence to "use" an uninsured car on road. Car was broken down, parked on road, no wheels or battery. RTA 1930 designed to remedy this type of hazard.
- 16What are the advantages of the mischief rule?Promotes the purpose of the law.
Likely to produce just results and help avoid absurdity and injustice, whilst promoting flexibility.
Law Commissions named it as their preferred approach 1969. - 17What are the disadvantages of the mischief rule?Massively contradicts SOP.
Filling gaps with their own views offends Parliamentary sovereignty.
May lead to uncertainty as it's very subjective. - 18Introduce the purposive approachInternational approach, preferred method by the CJEU. Looks at the overall purpose of the Act very adaptable
Magor & St.Mellons V Newport Coorporations [1950] LS & LS V LD
Royal College of Nursing V DHSS [1981] - 19What are some advantages of the purposive approach?Very flexible
Looks at the bigger picture - 20Discuss the disadvantages of the purposive approach."Naked usurpation" of the legislative system.
- 21Ejusedem GenerisList of specific items, any general terms that follow in that list are taken to be of the 'same kind'. E.g Powell V Kempton Park Racecourse CO, Betting Act 1953, "House, office, room, or other place"
- 22Expressio unius exclusio alterius.Where there's a list of words but they aren't followed by any general terms. Act only applies to words in list.
E.g. Sedgley Inhabitants [1832] "lands, houses and coalmines" This excluded other types of mines. - 23Noscitur a socisWords must be looked at in context which involves looking at other words in the same section or other sections of the Act.
Harris [1836] prostitutes nose. - 24What are the three presumptions?Criminal law requires proof of Mens Rea
Crown isn't bound
Law isn't retrospective - 25Criminal law requires proof of mens reaNo one should be convicted of a crime unless it's shown they have a guilty mind.
E.g. Sweet V Parsley [1970] No MR of cannabis property. - 26The Crown isn't bound.Crown isn't bound to any statute. An exception to this is the Hunting Act 2004, which thus rebuts the presumption.
- 27Law isn't retrospective.Acts should be prospective. War Crimes Act 1991 allows courts to try people for crimes committed in Nazi Germany during WW2 by people who have since become British citizens.
- 28What are the other aids to interpretation?Extrinsic and Intrinsic.
- 29Intrinsic AidsWithin the statute itself:
Short title
Long title
Definition sections
Schedules - 30Extrinsic AidsOutside the statute:
Other/earlier statutes
Historical setting
Dictionaries
Treaties
Hansard - 31Talk about Hansard and the cases involved.Originally couldn't be consulted as it was seen as a political document. Davis V Johnson [1979] Denning, Grope in dark.
Pepper V Hart [1993] said hansard could be used in a limited way. - 32What are the advantages of Hansard?Useful aid
Many foreign places use such legislative materials
Media - 33What are some reasons against hansard?Lack of clarity
Not always helpful
Time and expense - 34EUUK law must be interpreted so as to comply with our obligations as members of the EU.
- 35HRA 1998Legislation must be compatible with the ECHR. R V A [2001]
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- AS level Law (Statutory Interpretation LA2) FlashCards sobre Statutory Interpretation, criado por Libby Simmons em 25-04-2017.
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- Libby Simmons
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