statutory interpretation

• what is statutory interpretation?


  statutory interpretation is when judges have to interpret the meaning of words in acts of parliament. there is sometimes more than one meaning of a word or the definition has changed due to social developments e.g the meaning of bodily harm now includes mental harm
• what is the literal rule?


  this rule was developed in the early 19th century and is used as the first step of interpreting legislation. this is when judges must interpret words using their ordinary and dictionary definition. this definition is to be used to maintain parliaments intention of the act.
• literal rule - Berriman 1946

  railway worker was killed during maintenance. wife claimed compensation under the Fatal Accidents Act for not providing a lookout for her husband. the act claimed that lookouts were needed for people relaying and repairing the tracks. under the literal rule, the wife was unsuccessful as the literal meaning of maintaining was compared to the definition of the act
• literal rule - whitely 1868

  defendant pretended to be a person who had died in order to vote. he was charged with impersonating a person entitled to vote. he was found not guilty because the literal rule was applied and found that a dead person was not entitled to vote
• advantage of the literal rule - certainty

  one advantage of using the literal rule is that the law is certain as the ordinary meanings of words are being used. certainty helps lawyers and judges as well as the claimant and defendant because the case result is predictable and easy to come to. this also reduced the need to appeal which makes the process quicker and cheaper as a final decision is made.
• advantage of literal rule - simplicity

  one advantage of the literal rule is that it is quick and simple to use. the only external aid needed is a dictionary which makes the process cheap. there is also no need to read through any white or green papers in order to find out parliament's intention with the words chosen in the act. this is an advantage because it means that cases can be heard quickly which reduces delays in court
• advantage of literal rule - judges respect their role

  one advantage of using the literal rule is that judges are respecting their role of only applying and interpreting the law. this means they recognize its their role not to make the law. this means that they also respect the fact that parliament is sovereign and that only elected people should be making law. this upholds the rule of law and principle of democracy
• advantage of literal rule - errors

  one advantage of the literal rule is that there is less of a chance of errors being made as to the meaning of the word. Because there are multiple meanings it allows for them to focus on one appropriate definition rather than trying to interpret it differently. this means justice is achieved and the law remains clear and understandable
• disadvantage of the literal rule - absurdity

  one disadvantage of using the literal rule is that it can lead to absurd results. this means that injustice is more likely than when using the other rules. for example Mrs Berriman didn't get compensation due to the use of the literal rule causing an absurd result. this shows that the literal rule is rigid and that judges will not change the meaning of words even if it causes injustice
• disadvantage of the literal rule - outdated

  one disadvantage of using the literal rule is that it is an old outdated rule. it doesn't consider what parliament intended therefore judges may go against their intentions. this could lead to misunderstandings of acts of parliament and injustices
• disadvantage of the literal rule - no flexibility

  one disadvantage of using the literal rule is that it doesn't allow judges any flexibility to develop the law. the meaning of words can change as society develops e.g bodily harm now includes mental harm. This means that certain laws challenged which can lead to repugnant verdicts when it is used to interpret laws
• disadvantage of using the literal rule - assumes free from errors

  one disadvantage of using the literal rule is that it assumes that acts are clear and free from errors. it also assumes that there is only one meaning of a word and that the dictionary definition is clear. this can cause absurd results
• what is the golden rule?

  the golden rule is a modification of the literal rule and should be used when the literal rule would create an absurd verdict. there are two approached used in the golden rule : the narrow and wide approach
• what is the narrow approach in the golden rule?


  this is when , if there are two meanings of a word the judge will choose the most suitable meaning
• what is the wide approach in the golden rule?

  if the dictionary meaning leads to absurdity then the judges can broaden the meaning to fit the case
• Allen - narrow approach

  defendant tried to marry another woman whilst still married to his wife. he was charged under the offence against the persons act 1861 for an offence of ' whosever being married shall marry again '. he argued that he was not guilty as it wasn't possible to marry another when already married. the court stated that the meaning of shall means to go through so he was guilty of marrying another.
• Sigsworth 1935 - wide approach

  son had murdered his mother. he should have been the next of kin and inherited her wealth. there was no ambiguity in the words of the crime but the courts didn't want the murderer to benefit from his crime. it was held that the literal rule should not apply and that the golden rule should be used to ensure the son didn't gain anything from the murder
• advantage of the golden rule - flexibility

  one advantage of the golden rule is that it provides judges with more flexibility than the literal rule. this means they can modify words as society develops and the meaning of words change. a good example is when judges expanded bodily harm to include mental harm. this helps to achieve justice for victims who are mentally affected by the crime the defendant has committed.
• advantage of the golden rule - avoids absurdity

  one advantage of the golden rule is that it avoids absurdity that may have been created by the literal rule. this means that injustice can be avoided. for example in the case of Sigsworth, it would have been repugnant for him to be entitled to his mother's money. this, therefore, is an advantage because it allows for the courts to make decisions that will benefit the public and uphold justice.
• advantage of the golden rule - quick and simple

  one advantage of the golden rule is that it is quick and simple for judges to use. For example, it doesn't take as much time as using the mischief rule. this reduces delays in the courts and means that the parties have certainty that they will receive a quick result. Because the rule is limited to just two approaches it allows for the judges to avoid extensive research in order to find parliament's intention.
• advantage of the golden rule - parliament's intention

  one advantage of the golden rule is that by only modifying the words in an act, the judges are following parliament's intention. this shows that they are respecting parliament's sovereignty and the fact that unelected bodies should not make laws. this is an advantage because it means that judges are not going beyond their role and it avoids them setting precedent where the word has completely changed meaning
• disadvantage of the golden rule - parliament's intention

  one disadvantage of the golden rule is that even by modifying words to fit a case they may not be following parliament's intention. for example, if they modify the words too much then they may change the meaning of the act entirely. precedent will then be set by this and it may take years for parliament to review and see that the meaning has been changed. this is a disadvantage because it means that the intention of the law may not be being correctly applied to current cases.
• disadvantage of the golden rule - limited

  one disadvantage of the golden rule is that it is still limited in the way it can be used. this is because there are only two approaches. because of this, the golden rule is rarely used. this is a disadvantage because it means that the flexibility of the judges is limited and the advantages of using the golden rule are ignored.
• disadvantage of the golden rule - absurdity

  one disadvantage of the golden rule is that it is difficult to decide when to best use the rule because it is difficult to define absurdity. this means the law is unpredictable which causes parties to lack certainty. this is a disadvantage because it can cause injustice if other rules are applied. for example, if the literal rule was applied it could cause an absurd result.
• disadvantage of the golden rule - does it remain objective?


  one disadvantage of the golden rule is that it may not be objective. for example, the judges may modify the meaning of a word to fit with the result that they wish for. this shows that the law may be subjective and could lead to biased decisions being made
• what is the mischief rule?


  this rule gives judges more discretion than the literal and golden rule. it goes beyond just looking at the meaning of words and follows a four step process. the mischief rule comes from the case of Heydons 1584
• what is the four step process in the mischief rule?

  1 what was the law before the act 2 what has the mischief rule not covered 3 what was parliaments remedy 4 what was the reason for the remedy
• smith v Hughes - mischief rule

  prostitution advertising was occurring on the streets. 6 women were convicted but appealed under the literal rule because they were on balconies and in windows rather than on the actual street. instead, the mischief rule was used and the reason the law was made was to stop men being harassed so the women were found guilty.
• Royal College of nursing - mischief rule

  the abortion act of 1967 stated that pregnancies can be terminated by a registered medical practitioner. it was questioned whether this included nurses. under the mischief rule it was decided that nurses were included because the reason for the remedy was to protect women from unwanted pregnancies
• advantage of the mischief rule - flexibility

  one advantage of the mischief rule is that it provides judges with greater flexibility than the other rules. this means that absurdity can be avoided and by looking at gaps within the law, justice can be achieved. this means that good law is set as a precedent for future cases to follow. for example women were protected in the royal college of nursing case
• advantage of the mischief rule - parliament sovereignty

  one advantage of the mischief rule is that by looking at more than just the words, judges are respecting that parliament is sovereign and has the power to make all the decisions. they look for the reason for the remedy which means they are likely to interpret parliaments' intentions correctly. they fully understand that their role as an unelected body is not to make the law. this therefore upholds the rule of law that laws should only be made by elected bodies.
• advantage of the mischief rule - structured

  one advantage of the mischief rule is that it is well structured and follows a four step process which reduces the chance of errors occurring. because the process is thorough it reduces bad precedents being set and reduces appeals and delays within the legal system.
• advantage of the mischief rule - recommended by the law commission

  one advantage of the mischief rule is that it is recommended by the law commission to be the only rule used when applying laws to current cases. this is because it allows for the development of the law and for the law to fit modern society. this is an advanatge because it makes it clear to the judges which of the rules to use and ensures that the amount of mistakes is limited.
• disadvantage of the mischief rule - delays

  one disadvantage of the mischief rule is that it takes a large amount of time for the judges to go through the four stages of the process. despite the fact this may reduce the amount of errors made it could cause delays in the court system which could ultimately lead to injustices and uncertainty shown by the parties involved.
• disadvantage of the mischief rule - judges may go beyond their jurisdiction

  one disadvantage is that judges may go beyond their power and start creating laws rather than just interpreting and applying them to cases. this goes against the rule of law which states that in a democracy only elected bodies should make law. this means that judges are not respecting parliament and its sovereignty and they are creating laws through judicial precedent.
• disadvantage of the mischief rule - outdated

  one disadvantage of the mischief rule is that it is an old rule that may no longer be fit for purpose in modern society. this is because certain aspects within society have adapted and changed and therefore the mischief rule could be seen as outdated. the purposive approach is far more modern and quick as judges only need to understand parliament's intention rather than go through a whole four step process.
• disadvantage of the mischief rule - uncertainty

  one disadvantage of using the mischief rule is that it is never known if it will be used in court or if a different rule will be applied. this creates uncertainty for the parties involved. this may also cause injustices because the mischief rule may be applied to a case that is more suited to the literal rule or purposive approach for example.
• what is the purposive approach?


  this approach goes beyond the mischief rule as it aims to see what parliament intended with the act put in place. it is a more modern approach and therefore used by other European countries. the purposive approach includes the use of external aids to help find parliament's intention e.g. law commission reports , green and white papers and records of parliamentary debates
• ex parte smith - purposive approach

  smith was a convicted murderer in prison who wanted to view his birth certificate. he followed the correct procedure under the literal rule as this would allow him to find out who his mother was. the court used the purposive approach instead and stated that parliament would not have intended a murderer to have access to their birth certificate
• tower boot company - purposive approach

  Mr. Jones was racially abused and quit his job because of this. the employer said that they were not liable as they didn't employ people to be racist and so it wasn't in the course of their employment. the court used the purposive approach and said parliament's intention was for the employer to be responsible for the employee so the company was liable