Statutory interpretation is used to workout the meaning behind the statute. It's needed due to broad terms, changes in language, drafting error, new developments.
Broad terms: Dangerous Dogs act 1991
Changes in Language: Cheesman v DPP
New developments: Royal college of Nursing DHSS
Literal Rule
Thr judges give the statute their plain and ordinary meaning.
Defined by the case whitely v Chappel
‘ entitled to vote’
Golden Rule:
Allows the judges to use a broarder or narrower interpretation of the statute.
Defined by the case Alder v George
‘ vicinity of’ a ‘ prohibited place’
Mischief Rule:
Is used by the judges to find the mischief the statute was meant to remedy
Defined by Heydon's case 1584
Defined by the case Elliot v Grey
‘ use’ an uninsured car.
Purposive approach:
Used by judges to find the purpose behind the statute, and why the statute was originally passed.
Defined by the case St Mellons rural district v Newport corporation.
Established by Lord Denning.
DELEGATED LEGISLATION:
Is made by a body other than parliament.
Saves parliamentary time.
enables rapid changes
Can easily be annulled
The enabling act:
Delegated authority to local government.
3 types of delegated legislation:
By- laws
orders in council
Statutory instruments
Orders in council:
Are made by the privy Council. Enforces emergency legislation. E.g Twin Towers Made up of the prime minister and the main members of Parliament. Delegates power from one area of government to another.
By-Laws:
Made by local authority. Allows people with specific knowledge to enforce power.
E.g
Last changed4 months ago