Statutory Interpretations

What is a statutory?

A statute is an act of parliament

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What is an interpretation?

An interpretation is finding the meaning of something and a statutory interpretation is where judges find the meaning of words in an act of parliament.

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What is the need for statutory interpretations?

Despite parliaments best intentions, when drafting acts or certain words and phrases can become ambiguous. This meaning the role of judges is to apply the law to the test.

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What is The Literal Rule?

The literal rule is where judges apply the plain, ordinary or literal meaning of a word. The meaning can be found using the dictionary or using interpretation sections in the act.

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What was said by Lord Esher?

Lord Esher said 'if the words of an act are clear, then you must follow them even though they lead to a manifest absurdity' This therefore respects the idea of sovereignty applying the words exactly as they are to how parliament has written them.

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What is the first case of the literal rule?

Whiteley v Chappell, in this case the judges had to interpret the term 'entitled to vote' when D voted in a dead persons name. This meaning did not include a dead person, therefore using the literal meaning D was found not guilty.

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What is the second case of the literal rule?

LNER v Berriman in this case the judges interpreted 'relaying and repairing' when considering the C's claim for compensation after her husband was killed maintaining tracks without a look out, the interpretation found that it didn't include tracks.

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What is the third case of the literal rule?

Cheeseman v DPP, in this case the courts had to interpret 'passenger' This didn't include police as they weren't passing through. D was found not guilty.

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What is The Golden Rule?

This is a modification of the literal rule, it looks at a literal meaning but allows judges to interpret the meaning so that the final case wouldn't lead to an absurd result. It can be looked at in the dictionary considering parliament interpretation

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What is the Narrow Approach?

This is used when there is one meaning to a word so judges choose the appropriate meaning.

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What case is used in the Narrow Approach?

R v Allen, this is when judges has to interpret 'marry' When D was charged with Bigamy under OAPA. Two interpretations were known, this being ceremony and legally married. D was charged with ceremony of marriage.

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What is the Broad Approach?

This is used when there is one meaning to a word but the literal interpretation would lead to a repugnant outcome. Therefore, courts try to modify the outcome.

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What is the case used in the Broad Approach?

Re Sigsworth, the judges had to interpret 'issue' within the AOJA when a mother died leaving her issue. The judge to avoid this had to exclude the issue of killing your kin to gain earlier inheritance.

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What is the mischief rule?

This is the oldest rule, requiring judges to interpret the law so as to prevent mischief the act was passed.

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What is the first case?

Heydon's Case, the judges looked at the common law before the act was passed to then consider mischief or defect the common law not provided for the remedy parliament introduced.

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What is the second case?

Smith v Hughes, 'street or public place' had to be interpreted women were hanging out of windows and balconies to solicit. Although on private property the act aimed to prevent molestation on streets.

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What is the third case?

In Royal College of Nursing v DHSS, judges has to interpret 'registered medical' within abortion act. The mischief was back street abortions and allowed them to be done safer. They were protected and done safely making them lawful.

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Statutory Interpretations

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