statutory interpretation

• process of statutory interpretation

  process

  1. need for judges when applying Acts of Parliament and delegated legislation to cases to make sense of these enactments
  2. so that law is used in effect of Parliament's intention rather than the preference of the judge
• rules of interpretation

  4 ways:

  • literal rule
  • golden rule
  • mischief rule
  • purposive approach
• the literal rule

  gives words their plain and ordinary meaning, even if it leads to an absurdity
• example of literal rule

  R v Cheeseman: public indecency 'passenger' was interpreted as 'passer byers' and as police were waiting for him so could be caught in the act, police were not 'passengers'
• advantages of literal rule

  advantages

  • Follows exact words of Parliament (upholds Parliamentary sovereignty)
  • creates certainty
  • leads to consistent outcomes
• disadvantages of the literal rule

  disadvantages:

  • assumes legislation is drafted perfectly
  • can lead to unjust outcomes
  • doesn't take into account dual meaning of words
• the golden rule-narrow approach

  when word has more than one meaning needs interpreting, courts may avoid interpretation that leads to absurdity
• narrow approach example

  R v Allen: Bigamy under Offences Against the Persons Act 1861, the word ‘marry’ should be interpreted as ‘to go through a marriage ceremony’ as using literal definition 'bigamy was impossible by law.
• the golden rule - wide approach

  used when a word has more than one clear meaning, but in following the law a 'repugnant situation' would occur, so court can modify words in statute to avoid it
• wide approach example

  Adler v George- Offence to be in the general vicinity of a prohibited place (military base in this case). The court deduced that it would be absurd for an individual to be liable for being near a forbidden place and not if they were in it.
• advantages of wide approach

  advantages:

  • respects the exact words of Parliament except in limited situations
  • Provides an escape route from repugnant situations
• disadvantages of wide approach

  disadvantages:

  • it is very limited in its use
  • it is not always possible to predict its use
  • infringes the separation of powers
• the mischief rule

  Applied to recognise what ‘mischief’ Parliament was attempting to rectify, Hayden's case:

  1. what was the common law before making the Act
  2. What was the mischief / defect for which common law did not provide?
  3. what was the remedy Parliament had resolved and appointed to 'cure the disease of common wealth'?
  4. the true reason for the remedy
• mischief rule example

  Smith v Hughes- The Street Offences Act 1959. The defendants argued that as they were soliciting from private property (balconies and windows). The court used the Mischief Rule and decided that even though the defendants were on private property, they were nonetheless soliciting to individuals in the street.
• advantages of mischief rule

  advantages

  • Produces more just outcomes
  • prompts aim of law
  • provides flexibility
• disadvantages of mischief rule

  disadvantages:

  • law risks becoming less predictable
  • leads to judicial law making- endangering Parliamentary sovereignty
  • impossible to predict its use
  • not as wide as the purposive approach
• The purposive approach

  modern descendent of mischief rule, used to decide what Parliament's aim was. Emphasises the purpose of the law and interpreting it in a way that gives effect to his purpose.
• purposive approach example

  Jones vs Towerboot Company- verbal abuse during 'course of employment' (argued was not during course because it was not part of the job), the Race Relations Act 1976 seeks to eliminate all racial discrimination in the workplace, which would not be achieved using other approaches.
• advantages of purposive approach

  advantages:

  • Leads to justice in individual cases
  • Gives judges more discretion
  • Allows law to be adapted with time and use
• disadvantages of purposive approach

  disadvantages:

  • difficult to find Parliament's true intentions
  • Can be difficult to determine outcome
  • Judges may refuse to follow the dear words set out by Parliament
• Aids to interpretation: (a) intrinsic aids

  types:

  • Long title
  • Interpretation sections
  • Preamble
  • Explanatory notes
  • schedules
• Long title

  'The plainest of all guides to the general objectives of the statute' - (Lord Simmons) The Compensation Act 2006
• Interpretation sections

  define terms
• Preamble

  Section at the start of older Acts used to set out the meaning and purpose of the Act
• Explanatory notes

  Explain meaning, purpose and impact
• schedules

  Additions to the law in the main text to make sense of it.
• advantages of intrinsic aids

  advantages:

  • easy to use
  • saves time and money
  • respects sovereignty
• disadvantages of intrinsic aids

  disadvantages:

  • may be limited
  • Acts after 1999 do not have Explanatory notes
  • can make use of PA difficult
• Aids to interpretation: (b) extrinsic aids

  types:

  • Hansard
  • Law Commission reports
  • Academic textbooks
  • International treaties
  • Oxford English Dictionary of Year of Act
• Hansard

  record of everything said in court
• Law Commission reports

  to consider the mischief Parliament were considering in another Act
• Academic Textbooks

  Cited as statements of the law but not binding on courts
• International treaties

  Can take account of international conventions, treaties and periptery documents.
• Oxford English Dictionary

  From year of act passed to interpret meaning of words