statutory interpretation

• Statutory interpretation is the process of judges interpreting Acts created by parliament
• Reasons for statutory interpretation:

  • Broad terms
  • Ambiguity
  • Drafting error
  • New developments
  • Change in the use of language
• The purposive approach in statutory interpretation goes beyond the mischief rule, as judges decide what they believe parliament meant to achieve
• The purposive approach leads to justice in individual cases, allows the law to cover more situations than applying words literally, is particularly useful with new technology, and gives judges more discretion
• External (extrinsic) aids for statutory interpretation include:

  • Hansard
  • Previous acts or cases
  • Textbooks
  • Historical setting
  • Dictionaries
  • Interpretation Act 1978
  • White and green papers
• Internal (intrinsic) aids for statutory interpretation include:

  • Short title/long title
  • Words of the statute
  • Preamble
  • Headings
  • Schedules attached to the acts
  • Marginal notes
  • Interpretation section
• The literal rule states that words are given their plain, ordinary, natural meaning
• The golden rule is used when the literal rule produces an absurdity, avoiding repugnant situations
• The mischief rule is applied when judges look for the mischief the act intended to remedy
• The effect of EU law on statutory interpretation:

  • The purposive approach is preferred by most European countries and has been adopted by the European Court of Justice when interpreting European Union law
• The effect of the Human Rights Act 1998:

  • All legislation must be interpreted in accordance with convention rights if possible
  • An act of parliament must comply with the HRA
• Advantages of the Literal Rule:

  • Respects parliamentary supremacy and the rights of parliament to make any laws it wishes
  • Ensures that anyone who can read English can determine the law, whether or not they have any legal knowledge
  • Promotes certainty and reduces litigation
  • Disadvantage: fails to recognize that the English language is sometimes ambiguous - words may have different meanings in different contexts
• Advantages of the Golden Rule:

  • Avoids the absurdities sometimes produced by the Literal Rule
  • Leaves substantial room for judicial law-making
  • Applies a sensible meaning and avoids absurd decisions
  • Disadvantages: limited in use, used rarely; not clear when judges will use it
• Advantages of the Mischief Rule:

  • Promotes the purpose of the law by allowing judges to look back at gaps in the law which the act was designed to cover
  • Emphasizes making sure that the gap in the law is filled
  • More likely to produce a 'just' result
  • Disadvantages: sometimes leads to absurdities and loopholes that can be exploited; risk of judicial law-making and may lead to uncertainty; disagreement on when to use the mischief rule