Statutory Interpretation

• According to the literal rule, how should a judge interpret the words in a statute?

  By giving the words their plain meaning
• Why do some argue the literal rule should be the primary method of statutory interpretation?

  It offers a direct interpretation of unclear statutes
• In Whiteley v Chappel, what specific offense was the defendant accused of?

  Impersonating someone entitled to vote
• In Whiteley v Chappel, what was the legal outcome and reasoning based on a literal interpretation of "entitled"?

  Defendant not guilty; dead person not 'entitled'
• What does the golden rule enable judges to do when interpreting statutes?

  Adopt a more flexible approach
• How many approaches are there under the golden rule of statutory interpretation?

  Two
• What does the narrow approach of the golden rule allow the court to do?

  Choose the most appropriate meaning
• What is the key feature of the wide approach to the golden rule in statutory interpretation?

  Correct absurdity
• In Adler v George, what specific phrase was at issue in the statutory interpretation?

  'In the vicinity of'
• How did the judge in Adler v George use the golden rule to interpret the phrase "in the vicinity of"?

  Including both within and around
• What was the final decision in Re Sigsworth concerning the inheritance, and why?

  Son didn't inherit; absurdity
• What is the central focus of the mischief rule in statutory interpretation?

  Remedy the statute was intended for
• What was the central issue in Smith v Hughes concerning the defendants' actions and the law?

  Prostitution not in public places
• In Smith v Hughes, how did the judge interpret Parliament's intentions regarding the law on prostitution?

  To prevent prostitution
• What is the main focus of the purposive approach to statutory interpretation?

  Intention or aim of the Act
• Why has the purposive approach become more prevalent in the UK legal system?

  EU laws are vaguely written
• Which prominent legal figure was known as a strong supporter of the purposive approach?

  Lord Denning
• What specific issue did the court address in R (quintaville) v Secretary of State for Health?

  Regulations applied to cloned embryos
• How did the court interpret the aim of the Human Fertilisation and Embryology Act 1990 in R (quintaville)?

  Apply regulations to all embryos
• What are intrinsic aids in statutory interpretation?

  • Long and short titles
  • Explanatory notes
  • Preambles (context for old statutes)
  • Headings and schedules
  • Interpretation sections
  • Section titles
  • Marginal notes
• What are extrinsic aids that can be used in statutory interpretation?

  • Textbooks
  • Academic journals
  • Other case law (including from other countries)
  • Dictionaries of the time
  • Law commission reports
  • Hansard
  • Human Rights Act 1998
• What is Hansard in the context of the UK Parliament?

  Official record of Parliament’s debates
• Why were judges initially prohibited from using Hansard in statutory interpretation?

  To reinforce separation of powers
• Which case altered the traditional prohibition on using Hansard to interpret statutes?

  Pepper v Hart
• What restriction on the use of Hansard was confirmed in Three Rivers District Council v Bank of England?

  Only if statute is ambiguous
• What broad impact has the Human Rights Act 1998 had on legal proceedings in the UK?

  Greater emphasis on human rights
• According to the Human Rights Act 1998, how must courts interpret legislation?

  In line with ECHR
• What specific requirement does Section 3 of the Human Rights Act 1998 impose on judges?

  Interpret statutes without infringing rights
• What provision does Section 4 of the Human Rights Act 1998 make regarding legislation?

  Declaration of incompatibility
• What is the consequence of a declaration of incompatibility issued under Section 4 of the HRA?

  Law sent back for amendments
• What is the meaning of the Latin term "ejusdem generis"?

  Of the same kind
• How does the 'ejusdem generis' rule affect the interpretation of general words in a statute?

  Limited to preceding specific words
• In Powell v Kempton, how did the court apply 'ejusdem generis' to the term 'other place'?

  Included only indoor places
• What is the meaning of the Latin term "expressio unius est exclusio alterius"?

  Express mention excludes others
• In R v Inhabitants of Sedgley, how did the court apply "expressio unius est exclusio alterius" to limestone mines?

  Statute did not apply
• What is the meaning of the Latin term "noscitur a sociis"?

  A word by its company
• In Muir v Keay, how was 'noscitur a sociis' used to interpret whether a license was required?

  Entertainment wasn't theatrical
• What are the three rules of language used in statutory interpretation?

  • Ejusdem generis
  • Expressio unius est exclusio alterius
  • Noscitur a sociis
• What is meant by the term ‘ejusdem generis’?

  Of the same kind
• What is the definition of statutory interpretation in law?

  Method judges use to interpret