Reasons for statutory interpretation
- Created by: Dominic Hayward
- Created on: 01-11-13 11:36
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- Reasons for statutory interpretation
- Ambiguity
- Where a word has 2 meanings and the correct meaning is unclear.
- Allen 1872. Meaning of the word 'marry'. As they wanted bigamy to exist they chose a marriage ceremony over to get married so that bigamy could exist
- New Developments
- Statutes may not cover new technology.
- Royal College of nursing v DHSS (1981)
- Under the Abortion Act 1967, abortions could only be carried out by 'registered medical practioner' so they changed the act to include nurses due to technological advancements.
- Drafting Errors
- Original bill is changed many times in the law making process due to amendments from both houses
- This causes an unnoticed error in the statute
- Original bill is changed many times in the law making process due to amendments from both houses
- Changes in Language
- Meaning of word can change over time.
- Cheeseman v DPP (1990)
- A man was masturbating in a public toilet. The police saw him but were stood still. They weren't 'passengers' but were stationary
- Broad Terms
- Used when word has 2 possible meanings.
- Dangerous Dogs Act 1991. Which dogs classify as dangerous?
- Written in broad terms to cover all dogs.
- Ambiguity
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