Statutory Interpretation_2

Statutory Interpretation_2

1. 3 Rules

   • Golden Rule
     • A common sense approach used when the Literal Rule has a absurd outcome
     • Cases: R v Allen and Re Sigworth
     • Disadvantage
       • Can only be used in limited situations
       • a 'feeble' parachute
     • Advantage
       • Respects words of Parliament
       • Avoids the worst problems of the Literal Rule
   • Mischief Rule
     • Looks at the gap in the law and the 'mischief that parliament was trying to address
       • Advantages
         • Fills the gaps in the law
         • Promotes the purpose of the Act
         • Gives 'just' results
       • Cases: Smith v Hughes and Royal College of Nurses
     • Disadvantage
       • Risk of Judical law-making
       • can make law uncertain
       • Limited to looking back to the law prior to the Act
   • Literal Rule
     • The ordinary meaning of the words in the statute are taken
     • Cases: LNER v Berriman and Whiteley v Chappell
     • Advantages
       • Leaves law-maiking to parliament
       • makes law more certain
     • Disadvantages
       • Assumes that every act is perfectly drafted
       • word have more than one meaning
       • Can lead to absurd results and unjust decisions

2. 2 Approaches

   • Literal Approach
     • Words taken in thier ordinary gramatical meaning
     • Fisher v Bell
     • Advantages
       • Leaves law-making to Parliament
       • makes law more certain
     • Disadvantage
       • abdurd & unjust decisions
       • words have more than one meaning
   • Purposive Approach
     • Looks for the purpose of parliament and interprets the law to ensure that purpose
     • Felix
     • Advantages
       • Justice in individual cases
       • Fills gaps in the law
       • Allows for new technology
     • Disadvantages
       • leads to judical law-making
       • can make law uncertain
       • difficult to discover the intent of Parliament

3. Rules of Language

   • Ejusdem generis
     • general words which follow a list are limited to the same kind
     • Powell v Kempton Park
   • Expressio unius
     • The express mention of one thing excludes others
     • Tempest v Kilner
   • Noscitur a sociis
     • A word known by the company it keeps
     • IRC v Frere

4. Presumptions

   • No change to common law
     • Leach v R
   • Crown not bond
   • Mens rea required
     • Sweet v Parsley
   • No retrospective effect

5. Intrinsic Aids

   • definition section
   • Short and long titles
   • preamble
   • matters within the statute itself that may help to make its meaning clearer

6. Extrinsic Aids

   • Directory
   • Hansard
   • Human Rights Act
   • Legal Textbook
   • Interpretation Act 1978
   • matters which are outside the Act - these may help explain the meaning of the act.
   • explanatory notes