Define the Literal Rule
The judge takes the literal, ordinary meaning of a word and applies it to the case.
Advantage of the Literal Rule
Respects Parliamentary authority.
Disadvantage of the Literal rule.
May lead to absurd results.
Case for Literal rule.
DPP v Cheeseman
The D was exposing his person in a public lavatory to the annoyance of passengers.The police stood outside and arrested him.The court acquitted him as the police weren't considered “passengers'“.
Define The Golden Rule
An extension of the Literal rule.If the Literal rule leads to an absurd result ,the judge should alter the words to provide a satisfactory result.
Advantage of the Golden rule.
Allows judges to choose a more sensible meaning of the word.
Disadvantage of the Golden rule
What one judge thinks is “absurd” ,another may not.
Define the Narrow Golden Rule
If a word has more than 1 meaning , the judge should pick the meaning that makes the most sense.
Case for the Narrow Golden Rule
R v Allen
The D marries again whilst his wife was still alive.D argued that he didnt violate the statute as he has only gone through a marriage ceremony.The judge took a different interpretation of the word “marry” and found D guilty of Bigamy.
Define the Wide Golden Rule
Where the judge understands the meaning of a word ,but doesnt apply it as it would be undesirable.
Case for the Wide Golden Rule
Re Sigworth
If a deceased doesnt have a will ,their next of kin inherits their estate.The judge thought it would be undesirable if the D inherited it as he had murdered his mother.The judge took a wide intepretation and decided he shouldn't inherit.
Define the Mischief Rule
When using this rule ,the judge should consider :
-What was the common law before the Act was passed?
-What the problem with the law was?
-What was the remedy Parliament was trying to provide?
Advantage of the Mischief rule
Gives judges more flexibility when trying to decide what was the mischief that Parliament was trying to prevent.
Disadvantage for Mischief rule.
Gives judges too much power
Case for Mischief Rule
Smith v Hughes.
The Ds were charged with soliciting in a public place or street.The Ds were soliciting from the upstairs window.They were found guilty as the mischief Parliament intended to prevent was people being bothered by Prostitutes.
Define the Purposive Approach
Looks for the purpose of an Act.The judge will look outside the act to find out Parliament's true intentions.
Advantage of the Purposive Approach
Leads to justice in individual cases.
Disadvantage of the Purposive Approach
May lead to inconsistency and uncertainty.
Case for the Purposive Approach
Fitzpatrick v S.H.A
Upon the death of a tenant, the tenancy can be continued by a family ,spouse or person living as husband or wife.The court decided that a longstanding homosexual relationship could come under the category of “family”.
Define Intrinsic Aids
Materials found INSIDE the statute that help with interpreting a section of the statute.
Give 2 examples of Intrinsic Aids
E.g.1 Punctuation- Can have an effect on the meaning of words.
E.g.2 Marginal notes - Added to the Act by the draftsman to help interpret the law
Define Extrinsic Aids
Materials found OUTSIDE the act that help with interpreting a section of the statute.
Give 2 examples of Extrinsic Aids.
E.g.1 - Previous Law -Cases and AoPs relating to similar areas of law may help to interpret the wording of a more recent Act.
E.g.2 - The Interpretation Act 1978- Defines certain words often used in Acts.
Impact of the EU on Statutory Interpretation.
The purposive approach is preferred by most EU countries when interpreting their own legislation.Even though the UK has left the EU, judges are now used to using the purposive approach and will continue to do so when it is thought to give the fairest outcome.
Impacts of HRA 1998 on Statutory Interpretation
HRA 1998 states that as far as it is possible to do so ,legislation must be read and given effect in a way that is compatible with the rights of the European Conviction on Human Rights.
Last changed4 months ago