Statutory Interpretation

What is statutory Interpretation

Refers to way judges interpret language in acts of

parliament

What are the four rules used by judges when interpreting statues?

1. literal rule

2. golden rule

3. mischief rule

4. purposive approach

What is statutory Interpretation

Refers to way judges interpret language in acts of

parliament

What are the four rules used by judges when interpreting statues?

1. literal rule

2. golden rule

3. mischief rule

4. purposive approach

What is the literal rule

Involves giving words their plain, ordinary , grammatical and literal meaning, as it would appear in a dictionary. The rule is applied even if it results in an absurd or ridiculous outcome

- Eg. Whiteley v Chappel where D was not charged for impersonating "any

person entitled to vote" at an election as a dead person cannot vote

- Cases with loopholes may leave parliament amending legislation E.g.. Fisher v Bell had to amend the law that flick knives in a window were not offers for sale but an invitation to treat

What is the golden rule

The golden rule is a modification of the literal rule. Judges only use the golden rule when the use of the literal rule would produce an absurd or unjust result. Can be used in two ways: narrow use and wide use

What is the narrow use in golden rule

Where a word has two possible meanings but one would produce an absurd outcome e.g R v Allen where court decided marry should mean to go through the ceremony of marriage so that D was liable of bigamy

What is wide use in the golden rule

Where a word has one meaning but the judge can alter the meaning of it to give the effect of parliaments intentions

Eg. Re Sigsworth where a son was denied his mothers estate under the Administration of Estates Act 1925 despite that fact he was "next of kin" as they did not want to benefit him from his crime of murder

What is the mischief rule + examples

Originating from Heydon's Case and looks back to the gap in the previous law and interprets the Act so as to cover the gap

- Eg. Smith v Hughes where the words soliciting in the street in the Street Offences Act 1958 was interpreted to include from the window of a house

- Eg. Royal College of Nursing, Abortion Act 1967 allowed 'registered medical practitioners to carry out abortions*, parliament aimed to stop backstreet abortions, so it was decided nurses supervision was not unlawful

4 things to consider for mischief rule

(i) What was the common law before making the Act?

(i) What was the mischief and defect for which the common law did not provide?

(i) What remedy hath Parliament resolved and appointed to cure the disease of the Commonwealth?

(iv) The office of the judge is to make such construction as shall suppress the mischief and advance the remedy.

What is the purposive approach

- Seeks to give effect to parliaments intentions

- Interpretation should reflect the spirit of the statute

- Judges must consider the broader context in which the law was

created increasing need for external aids

- Eg. Jones v Tower Boot where court decided racial harassment by

fellow workers was in the course of employment