statutory interpretation

What is the literal rule

The judge gives the words contained in the statute their ordinary meaning, even if this causes an absurd result

Case example of the literal rule

Whitley v Chappel - a dead person is no longer entitled to vote

What is the golden rule

If the literal rule causes an absurd result the judge can take a more flexible approach (narrow or wide)

Case example for the golden rule

Adler v George - ‘in the vicinity of’ includes within & around the prohibited place

What is the mischief rule

Laid down in Heydon’s case, the judge looks for the mischief the statute was passes to remedy

Case example for the mischief rule

Elliot v Grey - even though the car couldn’t be used it was still a hazard to other road users

What is the purpose approach

Judges look for the aim or purpose of the act

Case example of the purpose approach

Magor & St Mellons rural district council v Newport corporation

What are 5 aids to interpretation

Presumptions

Intrinsic aids

Extrinsic aids

Human rights act 1998

Hansard

What are presumptions

The court will start with the presumption that certain points are applicable in all statute unless stated otherwise e.g

Statute doesn’t change common law

Mens rea is required in criminal cases

The crown is not bound by statute

What are intrinsic aids

Found within the statute e.g

The long title

Headings

Interpretation sections

What are extrinsic aids

Found outside the act e.g

Dictionaries

Historical settings

Case law

Treaties

What is S3 of the HRA 1998

So far as it is possible to do so legislation must be read & given effect in a way which is compatible with the convention

What is S4 of the HRA 1998

Declaration of incompatibility

Asks the gov to change the law to bring it in line with the convention

What is S2 of the HRA 1998

Requires judges to take into account any previous decision of the ECtHR (not bound)

What is S10(2) of the HRA 1998

Fast track procedure to make amendments quickly with a compelling reason

What is Hansard & case

The official daily report of parliamentary debates & a record of what was said in the introduction of legislation

Pepper v Heart - can be used if legislation leads to an absurdity to look for the meanings of words

What are the 3 rules of language

Ejusdem generis

Expressio unius est exclusio alterius

Noscitur sociis

What is Ejusdem generis & case example

Of the same kind, general words follow a list of specific words

The general words are limited to the same kind/class/nature as the specific words

Powell v Kempton

What is Expressio unius est excusio alterius & case example

Express mention of one thing is the exclusion of all others

R v Inhabitants of Sedgley

What is Noscitur sociis & case example

A word is known by the company it keeps, words in statute must be read in context of the other words around

Muir v Keay