Statutory Interpretation

Why is statutory interpretation needed?

• Interpret broad terms being used

• Decifer ambiguous terms

• Work around drafting errors

• Allow for new developments

• Allow for language to change meaning over time

What are the 4 rules?

• Literal rule

• Golden rule

• Mischief rule

• Purposive approach

Literal rule

• Oldest rule

• Judges simply apply the literal dictionary definition of the words in the act

• Lord Esher said ‘if the word of the act are clear you must follow them even if they manifest absurdity’ (R V City of London Court Judge)

• Examples: Whitley V Chapel and Berriman Case

What was said in R V City of London Court Judge, who by and what rule does this apply to?

Lord Esher regarding the literal rule - said that of the words of an act are clear you must follow theme even if they manifest absurdity

Whitely V Chapel

Literal rule - impersonating a dead person when voting not viewed as an offence as the dead are not entitle to vote

Berriman

Literal rule - No compensation for wife after husband died ‘maintaining and oiling’ railway not ‘repairing and relaying’

What are the type types of golden rule?

• Narrow approach

• Wide approach

Golden rule - narrow approach

• Lord Reid in Jones V DPP said that ‘if the words are capable of more than one meaning, you can between those meanings but beyond that you cannot go’

• Examples: Alder V George, R V Allen

What was said in Jones V DPP, who by and what rule does it apply to?

Lord Reid regarding the golden rule narrow approach - said that ‘if the words are capable of more than one meaning, you can chose between this emeanings but cannot go beyond it’

Alder V George

Golden rule narrow approach - The words ‘in the vicinity’ where interpreted to include ‘inside of’ the military base

R V Allen

Golden rule narrow approach - The word ‘marry’ was interpreted not just as the legal description but to ‘go through the marriage ceremony’

Gold rule - wide approach

• Where the meaning is clear but leads to an absurd outcome, the court can modify the words in the act

• Example: Re Sigsworth

Re Sigsworth

Golden rule wide approach - The act said only ‘sole issues’ could inherit property but the courts added the condition that you cannot inherit property if you kill them for it

Mischief rule

• The courts look at what the original mischief was and then interpret the law to try and stop it

• Criteria is set out in Heydon’s Case

• Examples: Smith v Hughes, Royal College of Nursing V DHSS

Heydons Criteria - Mischief rule

1. What was the common law before the act?

2. What was the mischief the common law did not provide?

3. what remedy did parliament appoint to cure the disease?

4. What was the true reason of the remedy?

Smith V Hughes

Mischief rule - Unwanted soliciting was the mischief therefore women on balconies and in windows still counted as street offence

Royal College of Nursing V DHSS

Mischief rule - Nurses considered medical professionals and could assist in abortions as the mischief was preventing unsafe abortions

Purposive approach

• Judges look for parliaments intention and try to apply it rather than looking for a mischief

• Lord Denning stated that ‘we sit here to find out the intention of parliament and ministers and carry it out’

• Examples: Ex Parte Smith, Jones V Tower Boot Co

Ex Parte Smith

Purposive approach - parliaments intention was not to assist in potential crimes therefore in cases where an adopted person poses a risk to their birth parents they will not be given details

Jones V Tower Boot Co

Purposive approach - parliament intended to reduce racial abuse therefore this counts in course of employment

Effect of HRA

S3 establishes that there is a duty to interpret legislation so far is possible to be in line with the convention of rights

S4 stats that where an act cannot be interpreted to comply with he convention, courts can issue a declaration of incompatibility

Examples = Godin-Mendoza

Godin-Mendoza

Effect of HRA - courts decided not to follow previous authority to comply with Article 8 and allow ‘spouse’ to income homosexual couples for the purpose of renting

Intrinsic aids of interpretation

Inside the act

• Long title, short title and preamble

• Headings

• Marginal notes

• Interpretation sections

Extrinsic aids of interpretation

External to the act

• Green/white papeers

• Previous acts on same topic

• Academic books and publications

• Law Commission reports