How courts interpret, consider and apply legislation to a particular case of series of cases
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What is the need for statutory interpretation?
Ambiguity- if a word has more than one meaning, which is used? Parliament must use 'catch all' phrases. Changes in the language, new developments in technology, Drafting errors
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What is the law used to resolve?
disputes that arise from poor communication, incorrect or imprecise use of language, and our inability to express ourselves.
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Rules of the judiciary for statutory interpretation?
Literal rule, golden rule, mischief rule, purpose/contextual approach, teleological approach.
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What is the Interpretation Act [1978] used for?
Serves to broadly interpret very specific rules. Many have been amended or accepted in certain other legislative enactments
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What is the Literal rule?
Literal interpretation of words and their meanings. They are applied to the facts of the case without the judge attempting to augment their meanings linguistically and in context to the statement.
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Which cases are good examples of this?
Fisher v Bell [1961], Whilley v Chappell [1868], R v Harris [1836]
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What are the advantages of the literal rule?
Parliament is recognised as supreme. It upholds the separation of powers, restricts the role of the judge, provides no scope for the judge to draw opinion or pre-existing prejudices.
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What are the disadvantages of the literal rule?
Fails to recognise limitations of English language, can create awkward precedents that take time for Parliament (or law) to correct. Fisher v Bell are e.g.s of loopholes which can lead to injustice
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What is the golden rule?
Adding a second meaning to the word(s) of a prevision to avoid inconvenience and inconstancy
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What is a good case for explaining this? R v Allan [1872]
D charged with bigamy, found guilty since 'shall marry' interpreted using the golden rule as meaning 'going through a marriage ceremony' since under civil law you cannot 'marry more than one person'
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The Golden rule is used when?
to add common sense
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What are the advantages of the golden rule?
allows judges to close loopholes, can allow judge to give more just result, drafting errors can be corrected immediately, can give decisions more in line with parliament's intentions
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What are the disadvantages of the golden rule?
judges can only intervene if the literal approach would lead to would lead to absurdity, judges can correct statutes and become lawmakers, undermines parliament supreme authority and erodes separation of powers
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What is the mischief rule?
What is the law trying to do?This principle aims at finding out the mischief and defect in a statute and to implement a remedy for the same.
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What is a good case for this?
Heydon's Case [1584] and Smith v Hughes
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What are the advantages of the mischief rule? gives true effect to parliament's will
Allow the law to adapt to changing needs instead of having to amend original legislation or create new provisions. It can close loopholes left by poor drafting, or unforeseen consequences, could be seen to fine tune legislation that has been enacted,
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What are the disadvantages?
Does give judges law making powers and again has the potential infringe the separation of powers, judges are able to bring their own views or morality or prejudices to the case
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What is the purposive/ contextual approach?
A more modern approach, derived from Heydon's case and the Mischief rule, looking at the purpose of legislation relevant to context
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What is a good case to demonstrate this?
Pickstone v Freeman [1988]- female employee sued for breaching Equal Pay Act of 1970. Literal approach would have resulted in breach of the EC Treaty. SC HL must give effect to community obligations, purposive order gave effect to this
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When using the purposive approach, what will judges do?
Look at the wider purpose of the statute, e.g. R v Goodwin [2006]
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What happened in R v Goodwin?
Goodwin collided with another person on a jetski, injuring the rider. The question was whether a jetski was a 'vessel' under the merchant shipping act. It was ruled that it wasn't
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What is the Teleological approach?
Defined as the method of interpretation used by courts, when they interpret legislative provisions in the light of the purpose, values, legal, social and economical goals these provisions aim to achieve
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Other cards in this set
Card 2
Front
What is the need for statutory interpretation?
Back
Ambiguity- if a word has more than one meaning, which is used? Parliament must use 'catch all' phrases. Changes in the language, new developments in technology, Drafting errors
Card 3
Front
What is the law used to resolve?
Back
Card 4
Front
Rules of the judiciary for statutory interpretation?
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