Save
Unit 2A Law
Statutory Interpretation
Save
Share
Learn
Content
Leaderboard
Share
Learn
Created by
Isla Johnson
Visit profile
Cards (75)
What is the title of the paper discussed in the study material?
Statutory Interpretation
Paper 2
Sec A
View source
What does the Literal Rule require judges to do when interpreting words or phrases?
Give the word or phrase its normal, ordinary, dictionary meaning
Even if it contradicts the intentions of
Parliament
View source
Who stated that judges must ask for the natural and ordinary meaning of a word or phrase in its context?
Lord Reid
View source
What did Lord Esher say about following the Literal Rule?
It must be
followed
even if it leads to an
absurdity.
View source
What is a notable case that illustrates the unexpected results of the Literal Rule?
Case:
Whiteley v Chappell
Issue: D attempted to vote in the name of a dead person
Outcome: Acquitted because
'any person entitled to vote'
was interpreted literally, excluding dead people
View source
What was the outcome of Fisher v Bell regarding the display of a flick knife?
D was not convicted under The
Restriction of Offensive Weapons Act 1959
Displaying the knife was considered an
'invitation to treat'
under contract law
View source
What was the ruling in Cheeseman v DPP regarding indecent exposure?
D was
acquitted
because the court decided that 'passengers' must be ordinary users of the toilet, not police officers stationed to catch criminals.
View source
What is the Golden Rule in statutory interpretation?
An extension of the
Literal Rule
Allows courts to avoid a literal approach if it would lead to an
absurd
result
View source
What is the narrow approach of the Golden Rule?
Judges select the
literal meaning
that avoids
absurdity
when there is more than one literal meaning.
View source
In which case was the narrow approach of the Golden Rule applied regarding bigamy?
Allen
View source
What was the outcome of Adler v George regarding the phrase 'in the vicinity'?
The court redefined 'in the vicinity' to include 'in' to avoid
absurdity
.
View source
What is the broad approach of the Golden Rule?
Judges modify the meaning of a word to avoid
absurdity
when there is only one literal meaning.
View source
In which case was the broad approach of the Golden Rule applied to avoid absurdity regarding a murderer profiting from an estate?
Re Sigsworth
View source
What is the Mischief Rule in statutory interpretation?
The oldest rule of interpretation
Courts look at the
common law
before the Act was passed
Considers the defect or 'mischief' the Act aims to
remedy
View source
What was the mischief in Smith v Hughes regarding soliciting?
The mischief was soliciting
The Act aimed to 'clean up the streets'
It didn't matter if soliciting occurred in the street or from a
balcony
View source
What was the mischief addressed in Royal College of Nursing v DHSS?
The mischief was women dying from
back street abortions
Parliament
wanted to broaden the grounds for abortion
Nurses
were included in the definition to ensure skilled procedures in hospitals
View source
What was the court's decision in McMonagle v Westminster City Council regarding the use of premises for sex acts?
The court upheld the conviction despite the appellant claiming his
peep show
was
'unlawful'
Acquittal
would have been absurd
View source
What does the purposive approach focus on in statutory interpretation?
It focuses on what
Parliament
intended when passing the law
Described as looking for the
'positive social purpose
of the
legislation'
View source
How has the influence of the EU affected the purposive approach in UK courts?
It is favored by the
ECJ
and has been largely adopted by UK courts due to EU compliance.
View source
What does Section 3 of the Human Rights Act 1998 state regarding legislation interpretation?
Legislation should be interpreted in a way compatible with the
European Convention on Human Rights (ECHR)
.
View source
What was the outcome of Mendoza v Ghaidan regarding the Rent Act 1977?
The courts took a
purposive approach
Added 'as if they were' before
'husband or wife'
Ensured
same-sex couples
had the same rights as
heterosexual couples
regarding tenancy after a partner's death
View source
What was the court's decision in R v Registrar-General, ex parte Smith regarding the birth certificate?
Mr. Smith was not 'supplied' with a birth certificate
The decision was based on the potential harm to his birth mother
It contradicted the clear wording of the
Adoption Act 1967
View source
What was the ruling in R (on the application of Quintavalle) v HFEA regarding the definition of 'embryos'?
The court decided 'embryos' included
cloned embryos
Parliament could not have wished to distinguish between fertilized and cloned embryos
View source
What are intrinsic aids in statutory interpretation?
Materials found inside the statute that help judges interpret the Act
Examples include
long titles
,
preambles
,
schedules
,
interpretation sections
, and
punctuation
View source
What can the long title of an Act explain?
Parliament's
intent
.
View source
What is the purpose of preambles in legislation?
Preambles set out the purpose of the
Act
in detail.
View source
What do schedules in an Act help with?
They are additions to the main Act
Help to make sense of the main body of the Act
Example
: Schedule 2 of Misuse of Drugs Act
1971
lists
controlled drugs
and defines
key terms
View source
What do interpretation sections in modern Acts explain?
They explain the meaning of
key words
in the Act.
View source
How can punctuation affect the meaning of a statute's words?
Punctuation
can clarify or change the interpretation of the statute's wording.
View source
What are the advantages of the Literal Rule?
Upholds
Parliamentary sovereignty
Creates
certainty
in law
Ensures
consistency
and fairness
View source
How does the Literal Rule uphold Parliamentary sovereignty?
Judges apply the law as Parliament states without making law
themselves
.
View source
How does the Literal Rule create certainty in law?
It allows
lawyers
to know what the law is, reducing
spurious claims
.
View source
What is a disadvantage of the Literal Rule regarding consistency and fairness?
It can lead to
unjust
and
absurd results
, as seen in some cases.
View source
What are the disadvantages of the Literal Rule?
Produces
absurd results
Assumes every act is
perfectly worded
Words don’t always have one
clear meaning
View source
How does the Literal Rule produce absurd results?
It can lead to situations where the law does not align with
Parliament's
intentions
, as seen in various cases.
View source
What assumption does the Literal Rule make about the wording of Acts?
It assumes that every act is
perfectly
worded, which is often not the case.
View source
What issue arises from words not having one clear meaning in statutory interpretation?
It can lead to
ambiguity
and misinterpretation of the law.
View source
What are the advantages of the Golden Rule?
Prevents
absurd results
More likely to bring about
Parliament’s
intentions
View source
How does the Golden Rule prevent absurd results?
It allows judges to avoid outcomes that would be
unreasonable
or unjust.
View source
How does the Golden Rule help achieve Parliament's intentions?
It avoids absurdities and selects logical meanings or redefines words as necessary.
View source
See all 75 cards