Statutory Interpretation

• What is meant by the intention of Parliament?

  The purpose behind the legislation's wording
• What problems can arise when interpreting statutes?

  Ambiguity, vagueness, and drafting errors
• What are the rules or approaches of statutory interpretation?

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

  Judicial interpretation of words in Acts
• Why is statutory interpretation needed?

  To resolve issues in legal wording and application
• What percentage of Supreme Court cases involve interpretation issues?

  Up to 90%
• What are some reasons for the need for statutory interpretation?

  Drafting errors and changes in language
• What does the case Cheeseman v DPP [1990] illustrate about statutory interpretation?

  The importance of precise wording in statutes
• What was the outcome of Cheeseman v DPP [1990]?

  Cheeseman was found not guilty
• What is the Literal Rule in statutory interpretation?

  Judges use ordinary dictionary meanings of words
• What is the effect of applying the Literal Rule even if it leads to absurdity?

  Judges must follow the clear wording of the Act
• Who stated that judges must follow clear words of an Act?

  Lord Esher
• What was the outcome of Whiteley v Chappell [1868]?

  D was acquitted for impersonating a dead person
• What does LNER v Berriman [1946] demonstrate about the Literal Rule?

  It can lead to harsh outcomes in legal cases
• What was the legal issue in R v Harris (1836)?

  Whether biting constituted 'wounding' under the law
• What are the advantages of the Literal Rule?

  Respects parliamentary sovereignty and provides certainty
• What are the disadvantages of the Literal Rule?

  Assumes perfect drafting and can lead to injustice
• What is the Golden Rule in statutory interpretation?

  • Allows judges to modify meanings to avoid absurdity
  • Two approaches: Narrow and Wide
• What is the Narrow Approach of the Golden Rule?

  Selects the least absurd meaning of a word
• How was the Golden Rule applied in Adler v George [1964]?

  It included actions inside a prohibited place
• What was the issue in R v Allen [1872] regarding bigamy?

  Whether a second marriage ceremony constituted bigamy
• What is the Wide Approach of the Golden Rule?

  Modifies words to avoid repugnant situations
• How was the Wide Approach used in Re Sigsworth [1935]?

  To prevent a murderer from inheriting
• What are the advantages of the Golden Rule?

  Respects Parliament's words while avoiding absurdity
• What are the disadvantages of the Golden Rule?

  Unpredictable and subjective in application
• What is the Mischief Rule in statutory interpretation?

  • Judges look for the problem the Act addresses
  • Focuses on Parliament's intentions
• How was the Mischief Rule applied in Smith v Hughes [1960]?

  D was convicted for soliciting from a window
• What are the advantages of the Mischief Rule?

  Promotes the purpose of the law and fairness
• What are the disadvantages of the Mischief Rule?

  Contradicts separation of powers and can be subjective
• What is the Purposive Approach in statutory interpretation?

  • Looks at the overall purpose of the Act
  • More adaptable to future changes
• How was the Purposive Approach used in R v Secretary of State for Health [2003]?

  To determine if cloned embryos were covered
• What are the advantages of the Purposive Approach?

  Flexible and seeks the purpose of legislation
• What are the disadvantages of the Purposive Approach?

  Can be seen as usurping legislative function
• What are the Rules of Language in statutory interpretation?

  • Tools to interpret words in context
  • Includes Ejusdem Generis, Expressio Unius, Noscitur a Sociis
• What does Ejusdem Generis mean?

  General terms follow specific items in a list
• What does Expressio Unius Exclusio Alterius mean?

  Express inclusion implies exclusion of others
• What does Noscitur a Sociis mean?

  A word is known by the company it keeps
• What was the purpose of the legislation regarding embryos?

  To regulate research using fertilised embryos
• What did Lord Bingham state about Parliament's intention regarding embryos?

  Parliament did not intend to distinguish between embryos
• What are the advantages and disadvantages of the Purposive Approach?

  Advantages:

  • Flexible and seeks the purpose of the Act
  • Allows for broader interpretation

  
  

  Disadvantages:

  • Can be seen as a usurpation of legislative function