Statutory interpretation - Extract 1, Study notes of Law

Download Statutory interpretation - Extract 1 and more Study notes Law in PDF only on Docsity! Extract 1 Three rules of statutory interpretation The literal rule The literal rule gives the words in question their plain, ordinary dictionary meaning. An example can be seen in the case of London and North Eastern Railway Co v Berriman (1946). This case involved a widow claiming compensation for her husband, who had died at work. He was killed while oiling points on a railway line. The Fatal Accidents Act 1864 stated that there should be a lookout when workers were ‘relaying’ or ‘repairing’ the track. The court interpreted the words ‘relaying’ and ‘repairing’ literally and concluded that oiling was maintenance, not relaying or repairing. There are a number of advantages and disadvantages to this rule. It results in a quick decision because the meaning can be found in a dictionary or other source. It respects parliamentary supremacy because a judge’s function is to apply the words of Parliament and not to make law. It is also advantageous when the words under discussion are clear, lacking ambiguity or broadness. However, there are a number of disadvantages: it can produce absurd outcomes, create injustice and result in outcomes that do not match parliamentary intentions. The golden rule The golden rule is a variation on the literal rule. The golden rule can be used in two ways: the narrow and the wide approach. • The narrow approach occurs when a word has multiple meanings. The judge selects one meaning that best fits the situation. This approach is illustrated in the case of R v Allen (1872). This case involved the word ‘marry’. The court noted that there were two primary meanings of this word. The first involved a legal commitment to another person and the second meant being involved in a ceremony. It was noted by the judges that the first meaning would create a loophole — since the second marriage would be void, it would be impossible to commit bigamy in a criminal sense. Therefore, the court was prepared to read ‘marry’ as ‘to go through a ceremony of marriage’. • The wide approach is adopted when the meaning of a word would result in a ridiculous or repugnant outcome. This is illustrated in Re Sigsworth (1935). In this case, a son had murdered his mother. She had not made a will so, as the next of kin, he would inherit the estate. The wording of the Act in question was clear and if the courts applied the literal rule the son would inherit the estate. However, the courts were not prepared to allow this to happen, so the wider approach of the golden rule was adopted. 30 Statutory interpretation The mischief rule The origins of the mischief rule can be traced back to Heydon’s Case (1584). This rule looks at the law before the Act was passed and at what the Act was intended to amend. The judges interpret this Act to cover any defect. This situation is illustrated in Smith v Hughes (1960). This case involved the Street Offences Act 1959, which made it an offence for a prostitute to solicit or loiter in a street or public place for the purposes of prostitution. The court had to consider appeals by six women. They had all been charged under the Act, but they argued they were not guilty because they were not in a street. They were inside a house and had been attracting attention by tapping on windows or shouting out. The court used the mischief rule and it was noted that the Act was designed to clear up prostitution in the streets so people could walk along the street without being molested. Therefore, although the prostitutes were not actually in the street, the Act was interpreted to include the activity they were engaged in. Extract 2 Hansard Hansard is an external aid, a record of what has been said in Parliament. Whether this aid should be used has caused judicial debate. Lord Denning in Davis v Johnson (1979) discussed the benefits of using Hansard, but in this case judges in the House of Lords thought it would result in greater confusion and not give the judge a clearer insight into the Act. In Pepper v Hart (1993) the House of Lords overruled Davis and allowed Hansard to be used in certain situations: • if the legislation is ambiguous or obscure or leads to an absurdity • if the material relied on consists of one or more statements by a minister or promoter of the bill, together with such other parliamentary material as is necessary to understand such statements and their effect • if the statements relied on are clear Extract 3 Rules of language Rules of language have developed to help in the interpretation of statutes. They allow judges to look at other words in the Act in order to make the meaning clear. There are three rules of language: • Ejusdem generis: this rule is used when there is a list of words in the statute followed by a general word — the general word is taken to include only things of the same kind. This rule was used in Powell v Kempton Park Racecourse (1889). The defendant had been operating an outside betting place. The Act stated ‘house, office, room or other place of betting’. The court therefore had to define if ‘other place’ would cover the defendant’s situation. As the terms in the list all referred to indoor places, it was decided that ‘other place’ also referred to an indoor place. 31AS Law: Sources of Law & Law Making Using Extract 2, answer the following questions. 6 What is Hansard? 7 Why has the use of Hansard as an external aid been controversial? 8 What conditions need to be satisfied for Hansard to be used? Using Extract 3, answer the following questions. 9 a What is ejusdem generis? b Which case illustrates this rule of language? Explain how it illustrates the rule. 34 Statutory interpretation AS Law: Sources of Law & Law Making 6 7 8 9a b 10 a What is expressio unius est exclusio alterius? b Which case illustrates this rule of language? Explain how it illustrates the rule. 11 a What is noscitur a sociis? b Which case illustrates this rule of language? Explain how it illustrates the rule. 12 Use the three rules of language to interpret the following scenarios: a There is confusion over the meaning of the word ‘food’. The statute reads ‘cat baskets, toy mice and food’. b A policeman has arrested a man for owning a German Shepherd dog. An Act states it is illegal to own ‘pit bull terriers, rottweilers and tosas’. Is the policeman correct? c There is confusion over the term ‘other animals’. The Act states it applies to ‘cats, dogs and other animals’. 35AS Law: Sources of Law & Law Making 10a b 11a b 12a b c Using your notes, a textbook and the internet, answer the following questions. 13 a Complete the table to illustrate four examples of each type of word. b How would you find out the exact meaning of these words? c What problems may words like these cause? d How may a judge decide to interpret one of these words? 14 Complete the table to identify which of the following items are internal aids and which are external aids. Hansard • the preamble • the long title of the Act • dictionaries • earlier case law • the short title of the Act • headings used in the Act • law reform reports 15 Identify three cases that concern the use of Hansard. 36 Statutory interpretation AS Law: Sources of Law & Law Making 13a Ambiguous words Words that have changed over time b c d 14 Internal aids External aids 15