Statuary interpretation

Created by: TOH15
Created on: 01-02-22 11:03

Unius Est Exclusion Alterius Expressio
(express the mention of one thing is the exclusion of all others)

R v Inhabitants of Sedgley (1831)

- statute raised taxes on 'land, houses and coalmines'
- government wanted to raise taxes on limestone mines
- could not do this as they had specified only coalmines could be taxed

1 of 9

Noscitur a Sociis
(a word is known by the company it keeps)

Muir v Keay (1875)
- Refreshment House Act= 'houses, rooms, shops and other buildings can not sell refreshment if not licensed'
- Café said they did not play music or entertain so did not need the license.
- Ruled that by selling drink in context to langu

2 of 9

Restriction of the Law

Deing v Tarola

- Deing wore a black leather belt with spikes and was arrested for yielding a weapon.
- Was a spiked belt on the list of offensive weapons? No.
- From then on only specified weapons classed as offensive.

3 of 9

Enabling Acts

- The Local Government Act 1972
- The Road Traffic Act 1988
- The Access to Justice Act 1999

4 of 9

Orders in Council

- Made by the Privy Council in name of HM
- Made up on old and new politicians and others
- Made under emergencies
- Transferrers powers to departments
- Dissolve parliament
- Can make specific law changes
- Transfer powers to devolved nations
- Bring act

5 of 9

Example of Regulation
(Statuary Instruments)

Investigatory Powers Act 2000

Allows certain public bodies to carry out undercover surveillance. If another agency wants to be added then another instrument is made.

6 of 9

Example of Procedural Ultra Vires

The Aylesbury Mushroom case

- The minister failed to inform the growers association of changes to training board.
- This was a required procedure so it was declared ultra vires.

7 of 9

Example of Substantive Ultra Vires

AG v Fulham Corporation

- Council set up wash house for locals were the council employees would do it for a fee.
- Beyond the powers set out in the enabling act and therefore substantive ultra vires.

8 of 9

Example of Unreasonableness

R v Strickland and Hayes

- Bye-law prohibited singing obscene songs.
- Unreasonable as it was not limited to a specific place.

9 of 9

Other cards in this set

Card 2

Front

Back

Noscitur a Sociis
(a word is known by the company it keeps)

Card 3

Front

Back

Card 4

Front

- The Local Government Act 1972
- The Road Traffic Act 1988
- The Access to Justice Act 1999

Back

Card 5

Front

Back

View more cards

Get Revising

Statuary interpretation