Statutory Interpretation

    Cards (75)

    • What is the title of the paper discussed in the study material?
      Statutory Interpretation Paper 2 Sec A
    • 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
    • Who stated that judges must ask for the natural and ordinary meaning of a word or phrase in its context?
      Lord Reid
    • What did Lord Esher say about following the Literal Rule?
      It must be followed even if it leads to an absurdity.
    • 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
    • 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
    • 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.
    • 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
    • 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.
    • In which case was the narrow approach of the Golden Rule applied regarding bigamy?
      Allen
    • 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.
    • 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.
    • In which case was the broad approach of the Golden Rule applied to avoid absurdity regarding a murderer profiting from an estate?
      Re Sigsworth
    • 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
    • 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
    • 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
    • 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
    • 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'
    • 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.
    • 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).
    • 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
    • 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
    • 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
    • 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
    • What can the long title of an Act explain?
      Parliament's intent.
    • What is the purpose of preambles in legislation?
      Preambles set out the purpose of the Act in detail.
    • 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
    • What do interpretation sections in modern Acts explain?
      They explain the meaning of key words in the Act.
    • How can punctuation affect the meaning of a statute's words?
      Punctuation can clarify or change the interpretation of the statute's wording.
    • What are the advantages of the Literal Rule?
      • Upholds Parliamentary sovereignty
      • Creates certainty in law
      • Ensures consistency and fairness
    • How does the Literal Rule uphold Parliamentary sovereignty?
      Judges apply the law as Parliament states without making law themselves.
    • How does the Literal Rule create certainty in law?
      It allows lawyers to know what the law is, reducing spurious claims.
    • 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.
    • 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
    • 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.
    • 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.
    • What issue arises from words not having one clear meaning in statutory interpretation?
      It can lead to ambiguity and misinterpretation of the law.
    • What are the advantages of the Golden Rule?
      • Prevents absurd results
      • More likely to bring about Parliament’s intentions
    • How does the Golden Rule prevent absurd results?
      It allows judges to avoid outcomes that would be unreasonable or unjust.
    • How does the Golden Rule help achieve Parliament's intentions?
      It avoids absurdities and selects logical meanings or redefines words as necessary.