ELS Chap 3- Statuatory Interpretation

• Why is statutory interpretation necessary?


  To resolve ambiguities and find the true meaning of statutes.
• What is the primary source of law in England and Wales?

  Statute law.
• What challenge do parliamentary counsel face when drafting statutes?

  Turning complex rules into reliable and unambiguous language.
• What can happen if statutes are ambiguous?

  They can lead to absurd consequences.
• Why can straightforward words in statutes have more than one meaning?

  Because even simple words can be interpreted in different ways.
• How did the case of Corkery v Carpenter illustrate ambiguities in statutory interpretation?

  It questioned whether a bicycle could be considered a 'carriage' under the Licensing Act 1872.
• What types of documents do lawyers and judges interpret?

  • Statutes
  • Statutory instruments
  • Contracts
  • Wills
• Why do we need to interpret legislation in relation to specific facts?

  To determine whether the legislation applies to a particular set of facts.
• What problem could arise from a statute stating it is a criminal offence to wear red socks in a public place?

  The definition of 'red' could be ambiguous, leading to different interpretations.
• How does the definition of 'red' illustrate problems of interpretation?

  It shows that 'red' can refer to various shades, leading to ambiguity.
• What issue arises from the word 'wear' in the context of the red socks statute?

  It raises the question of whether using a sock as a hat counts as 'wearing' it.
• What ambiguity exists regarding the term 'public place' in the red socks statute?

  It questions whether university premises qualify as a public place.
• What did traditional books on statutory interpretation state about rules of construction?

  They guided how courts should interpret legislation.
• What did Lord Bingham summarize as the modern approach to statutory interpretation?

  The court's task is to give effect to Parliament's purpose within permissible bounds of interpretation.
• Why is the case of Quintavalle significant in statutory interpretation?

  It illustrates the modern approach to statutory interpretation.
• What are the rules of construction in statutory interpretation?

  They are general principles that guide the interpretation of statutes.
• How does the House of Lords' judgment in Quintavalle affect the rules of construction?

  It shows that these rules are often of historical interest and not strictly binding.
• What was the issue in Quintavalle regarding the definition of 'embryo'?

  Whether the definition included embryos produced by cell nuclear replacement (CNR).
• What does a purposive interpretation aim to achieve?

  It aims to interpret the statute in a way that achieves its intended purpose.
• What is the 'always speaking' principle in statutory interpretation?

  It allows a statute to be applied to new circumstances not envisioned at the time of enactment.
• Under what condition can the 'always speaking' principle be applied?

  When the new situation falls within the legislative intention of the statute.
• What is the significance of the reference to fertilisation in the definition of embryo according to s 1(1)(a)?

  It was not integral to the definition of embryo.
• Why is it appropriate to construe the Act in light of new scientific knowledge?

  To apply it to current conditions.
• What does the 'always speaking' principle allow for in statutory interpretation?

  It allows a statute to be applied to new or changed circumstances.
• Under what condition can the 'always speaking' principle be applied?

  When the new situation falls within the legislative intention.
• Can courts use the 'always speaking' principle to fill gaps in an Act?

  No, unless it is clear from the terms of the Act that it should apply to the gap.
• What is the common view among commentators regarding how judges decide cases?

  Judges first decide the outcome and then choose a rule that supports that result.
• Is it necessary for judges to use a particular rule when interpreting legislation?

  No, it is permissible to interpret legislation without using any particular rule.
• What are the three rules of construction in statutory interpretation?

  • Literal rule
  • Golden rule
  • Mischief rule
• What does the literal rule stipulate regarding the interpretation of words?

  Words must be given their plain, ordinary, and literal meaning.
• What was the explanation of the literal rule given in the Sussex Peerage Case?

  Precise and unambiguous words of the statute should be expounded in their natural and ordinary sense.
• Why do judges often adopt a literal interpretation of statutes today?

  Because it is the oldest rule and carries great weight.
• Is there a strict literal rule that courts must always follow?

  No, there must be strong reasons for a court to depart from the grammatical meaning.
• Why do some judges prefer to stick to a literal approach in interpretation?

  To avoid making decisions that thwart Parliament's will.
• What is the irony of using the literal rule?

  Its use may defeat the intention of Parliament and lead to absurd results.
• What was the outcome of the case Whiteley v Chappell regarding the literal interpretation?

  The defendant was found not guilty because the deceased was not considered 'a person entitled to vote'.
• What was the result of the case London & North Eastern Railway Co v Berriman regarding compensation?

  The widow was denied compensation because the act of oiling points was not considered 're-laying or repairing'.
• What does the literal rule not take into account?

  The consequences of a literal interpretation.
• What is the golden rule in statutory interpretation?

  The golden rule is an adaptation of the literal rule that avoids absurd results.
• Under what condition should the grammatical and ordinary sense of words be modified according to the golden rule?

  When it would lead to an absurd or inconsistent result.