Statutory Interpretation

• Statutory Interpretation: definition


  The judicial interpretation of words and phrases in Acts of Parliament, done so as to give effect to the will of Parliament
• Statutory Interpretation: what is the need for S.I?


  Drafting errors

  New developments in technology or medicine.

  Changes in use of language.

  Wording of Acts may be: Broad, Ambiguous, Archaic or Vague
• Statutory Interpretation: what is the key example of S.I which involved the definition of "passenger" and under the literal rule found the defendant not guilty?


  Cheeseman v DPP 1990
• Statutory Interpretation: what are the 4 rule of stautory interpretation?

  • Literal Rule
  • Golden Rule: Narrow and Wide Approach
  • Mischief Rule
  • Purposive Approach
• Statutory Interpretation: define the literal rule


  Judges give words their ordinary, dictionary definition meaning. Even when the result leads to absurdity or hardship.
• Statutory Interpretation: what rule is most respectful of parliamentary sovereignty?


  Literal Rule
• Statutory Interpretation: in what case did Lord Esher affirm the literal rule?


  R v Judge of the City of London Court 1892
• Statutory Interpretation: name an absurd example of the literal rule?


  Whitely v Chappel 1868
• Statutory Interpretation: name a harsh example of the literal rule?


  LNER v Berriman [1946]
• Statutory Interpretation: what are the advantages of the literal rule?


  Respects parliamentary sovereignty (AV Dicey)

  Respects separation of powers (Montesquieu).

  Laws are more certain
• Statutory Interpretation: what are the disadvantages of the literal rule?


  Assumes every statute will be perfectly drafted - Whiteley v Chappell [1868]

  Following exact words can lead to unjust decisions - LNER v Berriman 1946

  Professor Michael Zander criticised the literal rule as being lazy
• Statutory Interpretation: define the narrow approach of the Golden Rule?


  If there are two possible interpretations or meanings, the court must select the ‘least absurd’ meaning
• Statutory Interpretation: give an example of the Narrow Approach of the Golden Rule which included the phrase "shall marry"?


  R v Allen 1872
• Statutory Interpretation: define the wide approach of the golden rule?


  Where words have only one meaning, but it would lead to a repugnant situation. So the words are able to be modified
• Statutory Interpretation: give an example of the wide approach of the golden rule?


  Re Sigsworth 1935
• Statutory Interpretation: what are the advantages of the Golden Rule?


  Respects exact words of Parliament, except in limited situations where they lead to an absurdity and injustice.

  Provides an ‘escape route’
• Statutory Interpretation: what are the disadvantages of the Golden Rule?


  Unpredictable - only used on rare occasions.

  Subjective and unclear

  Prof. Michael Zander described it as a ‘feeble parachute’
• Statutory Interpretation: what case do we asssociate with the Mishchief Rule?


  Heydon's Case 1584
• Statutory Interpretation: define the Mischief Rule


  it instructs judges to look for the mischief (problem) that the Act was originally created to deal with. Judges are looking at Parliament’s intentions, not simply their words.
• Statutory Interpretation: give an example of the Mischief Rule


  Smith v Hughes 1960
• Statutory Interpretation: what are the advantages of the Mischief Rule?


  Promotes the purpose of the law

  More likely to produce ‘fair’ and ‘just’ results

  The Law Commission named it as their preferred approach in 1969
• Statutory Interpretation: what are the disadvantages of the Mischief Rule?


  Contradicts separation of powers

  Breaches Parliamentary Sovereignty

  May also lead to uncertainty as it is very subjective
• Statutory Interpretation: why is the Purposive Approach called the international approach?


  It is the preferred method in the Court of Justice of the European Union.
• Statutory Interpretation: define the Purposive Approach?


  Looks at the OVERALL PURPOSE/SPIRIT of the whole Act. Very adaptable to future changes.
• Statutory Interpretation: name an example of the purposive approach which involves conducting medical research into “EMBRYOS”?


  Quintivalle 2003
• Statutory Interpretation: what are the advantages of the Purposive Approach?


  Flexible and seeks the purpose or reason why the Act was passed.
• Statutory Interpretation: what are the disadvantages of the Purposive Approach?


  Described as a ‘naked usurpation’ of the legislative function
• Statutory Interpretation: what are the 3 rules of language?


  instructions for how to read words depending upon how the sentence has been constructed e.g

  • Ejusdem Generis
  • Expressio Unius Exclusio Alterius
  • Noscitur a Sociis
• Statutory Interpretation: define Ejusdem Generis


  a list of specific items, any general terms that follow the list shall be taken as meaning object of the same kind.
• Statutory Interpretation: give an example of Ejusdem Generis


  Powell v Kempton Park Racecourse Co [1899] - “house, offices, room or other place”
• Statutory Interpretation: define Expresssio Unius Exclusio Alterius


  a list of words, NOT followed by general words, the Act applies only to the items in the list.
• Statutory Interpretation: give an example of Expresssio Unius Exclusio Alterius
which involved taxes on occupiers of "land, houses... and coal mines"


  Sedgley Inhabitants [1832]
• Statuatory interpretation: define Noscitur a Sociis

  Words must be looked at in context which involves looking at other words in the same section or other sections of the Act to draw their overall meaning.
• Statuatory interpretation: give an example of Noscitur a Sociis, which implied the use of a weapon when the defendent was charged with having ‘stabbed, cut or wounded another’ 


  R v Harris [1836]
• Statuatory interpretation: what type of aids are within the statute itself?


  Intrinsic aids
• Statuatory interpretation: what type of aids are outside of the Act?


  Extrinsic aids
• Statuatory interpretation: name 5 key instrinsic aids?

  • The Short Title
  • The Long Title
  • Interpretation Sections
  • Schedules
  • Punctuation
• Statuatory interpretation: how does the short title aid statutory interpretation? 


  hints at what the law does
• Statuatory interpretation: give an example of the short title


  Coronavirus Act 2020
• Statuatory interpretation: how does the long title aid statutory interpretation? 


  outlines the aims and purposes of an Act