Statutory interpretation

• The Literal Rule


  Words given in their plain, ordinary or dictionary meaning
• Literal Rule Case

  Whiteley V Chappell
• The Golden Rule

  Modification of the literal rule and avoids an interpretation that is absurd.
• The Golden Rule case

  Adler v George (1964)
• The Mischief RuleLooks at gaps in Law prior to the act and interprets words to 'supress the mischief'.
• The Mischief Rule

  Looks at gaps in Law prior to the act and interprets words to 'supress the mischief'.
• The Mischief Rule Case

  Smith v Hughes (1960)
• The Purposive Approach

  See what the purpose of the law is
• The Purposive Approach case

  R v HFEA (2003)
• Needs for Statutory Interpretation

  • A broad term - words designed to cover several possiblities
  • Ambiguity
  • A drafting error - differences in sections (e.g - S.18 and S.20 OAPA 1861)
  • Changes in language use over time
• Internal aids

  • Matters within Statute - e.g. Sections, headings
  • Harrow LBC v Shah and Shah
• External aids

  • matters outside the statute - e.g. historical setting, earliest case laws, dictionaries of the time (Hansard)
  • Pepper v Hart 1993 - wording is unclear
• The Effect of EU and HRA (1998)

  • Purposive approach is preferred by most European Countries
  • judges have used it for over 40 years - accustomed to it and more likely to apply it to English law
  • Legislation must be compatible with the rights in the European Convention on Human rights
  • Mendoza v Ghaidan (2002)
• Literal Rule Adv+Dis

  • Adv = follows wording of Parliament - Makes law certain
  • Dis = Poorly drafted with Ambiguous wording
• Golden Rule Adv+Dis

  • Adv = Avoids repugnant results
  • Dis = Used in limited situations
• Mischief Rule Adv+Dis

  • Adv = Fills in gaps
  • Dis = Judicial law making
• Purposive approach - Adv+Dis

  • Adv = Leads to justice
  • Dis = Difficult to find intention + judges can make law