Statutory Interpretation

• What is meant by the intention of Parliament in statutory interpretation?


  It refers to the purpose or objective that Parliament aimed to achieve when enacting a statute.
• What problems can arise when interpreting statutes?


  Problems include drafting errors, new developments in technology or medicine, and changes in language use.
• What are the rules or approaches of statutory interpretation?

  • Literal Rule
  • Golden Rule (Narrow and Wide Approaches)
  • Mischief Rule
  • Purposive Approach
• What is the definition of statutory interpretation?


  It is the judicial interpretation of words and phrases in Acts of Parliament to give effect to the will of Parliament.
• Why is statutory interpretation necessary?


  It is necessary because up to 90% of cases reaching the Supreme Court involve interpretation issues.
• What does the case Cheeseman v DPP [1990] illustrate about statutory interpretation?

  It illustrates the importance of the wording of a statute in determining legal outcomes.
• What was the outcome of Cheeseman v DPP [1990] regarding the definition of 'passenger'?


  The court decided that the police were not 'passengers' as they were not in the lavatory for ordinary purposes.
• What is the Literal Rule in statutory interpretation?


  Judges give words their ordinary, dictionary definition meaning, even if it leads to absurdity.
• What did Lord Esher state about the Literal Rule in R v Judge of City of London Court [1892]?


  He stated that if the words of an act are clear, they must be followed even if they lead to absurdity.
• What was the outcome of Whiteley v Chappell [1868] regarding impersonation?


  D was acquitted because a dead person is not literally entitled to vote.
• How did the Literal Rule affect the case LNER v Berriman [1946]?


  The court held that 'oiling points' was not considered 'repairing', leading to no damages awarded.
• What was the implication of R v Harris (1836) regarding the use of teeth as a weapon?


  The court ruled that teeth are not considered a weapon under the Offences Against the Person Act 1828.
• What are the advantages and disadvantages of the Literal Rule?


  Advantages:

  • Respects parliamentary sovereignty
  • Provides certainty in law

  
  

  Disadvantages:

  • Assumes perfect drafting of statutes
  • Can lead to unjust outcomes
• What does the Golden Rule allow judges to do?


  It allows judges to modify the meaning of words to avoid absurdity or repugnant situations.
• What is the Narrow Approach of the Golden Rule?


  It requires the court to select the 'least absurd' meaning when two interpretations are possible.
• What was the significance of Adler v George [1964] in relation to the Golden Rule?


  It demonstrated that the offence covered both within and around a prohibited place to avoid absurdity.
• How did the Golden Rule apply in R v Allen [1872] regarding bigamy?


  The court interpreted 'shall marry' to include going through a marriage ceremony, allowing for a conviction of bigamy.
• What is the Wide Approach of the Golden Rule?


  It allows judges to modify words that have only one meaning to avoid a repugnant situation.
• What was the outcome of Re Sigsworth [1935] regarding inheritance laws?


  The court modified the interpretation to prevent the murderer from inheriting his mother's estate.
• What are the advantages and disadvantages of the Golden Rule?


  Advantages:

  • Respects Parliament's words with flexibility
  • Provides an escape route from absurdity

  
  

  Disadvantages:

  • Unpredictable and rarely used
  • Subjective interpretations can vary
• What is the Mischief Rule in statutory interpretation?


  It instructs judges to look for the problem that the Act was originally created to address.
• How did the Mischief Rule apply in Smith v Hughes [1960]?


  D was convicted for soliciting from her window as it addressed the mischief of soliciting in public.
• What are the advantages and disadvantages of the Mischief Rule?


  Advantages:

  • Promotes the purpose of the law
  • More likely to produce fair results

  
  

  Disadvantages:

  • Contradicts separation of powers
  • Can lead to uncertainty due to subjectivity
• What is the Purposive Approach in statutory interpretation?


  It seeks to understand the overall purpose or spirit of the Act rather than just the words used.
• How did the Purposive Approach apply in R v Secretary of State for Health (Quintavalle) [2003]?


  Judges had to decide if the legislation covered all embryos, including cloned ones, based on its purpose.
• What are the advantages and disadvantages of the Purposive Approach?


  Advantages:

  • Flexible and seeks the purpose of the law
  • Adaptable to future changes

  
  

  Disadvantages:

  • Can be seen as a usurpation of legislative function
  • May lead to subjective interpretations
• What are the Rules of Language in statutory interpretation?


  • Tools developed by judges for context
  • Include Ejusdem Generis, Expressio Unius, Exclusio Alterius, Noscitur a Sociis
• What does Ejusdem Generis mean in statutory interpretation?


  It means that general terms following a list of specific items are interpreted as referring to objects of the same kind.
• How was Ejusdem Generis applied in Powell v Kempton Park Racecourse Co [1899]?


  The court interpreted 'other places' in the context of the specific items listed in the Betting Act 1853.
• What does the Purposive Approach seek to achieve?


  It seeks the purpose or reason why the Act was passed
• What are the advantages and disadvantages of the Purposive Approach?


  Advantages:

  • Flexible
  • Seeks the purpose of the Act

  
  

  Disadvantages:

  • Described as a ‘naked usurpation’ of the legislative function
• What are the Rules of Language in statutory interpretation?


  Common sense tools developed by judges to ensure words are looked at in context
• What does Ejusdem Generis mean in statutory interpretation?


  General terms following a list of specific items are taken to mean objects of the same kind
• What was the significance of Powell v Kempton Park Racecourse Co [1899] regarding Ejusdem Generis?


  The court decided that 'other place' did not include outdoor locations based on the specific words used
• What does Expressio Unius Exclusio Alterius mean?


  Where there is a list of words not followed by general words, the Act applies only to the items in the list
• What was the outcome of Sedgley Inhabitants [1832] regarding Expressio Unius Exclusio Alterius?


  It was held that the Act excluded other types of mines not mentioned in the list
• What does Noscitur a Sociis mean in statutory interpretation?


  Words must be looked at in context with other words in the same section or Act
• What was the significance of Muir v Keay [1875] regarding Noscitur a Sociis?


  The court held that 'entertainment' included more than just musical acts
• What are intrinsic aids in statutory interpretation?


  They are aids found within the statute itself
• What is an example of an intrinsic aid?


  The Short Title of the Act