Statutory interpretation

Transcription

1 Statutory interpretation 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 e seen in the case of London and North Eastern Railway Co v Berriman (1946). This case involved a widow claiming compensation for her husand, who had died at work. He was killed while oiling points on a railway line. The Fatal Accidents Act 1864 stated that there should e 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 numer of advantages and disadvantages to this rule. It results in a quick decision ecause the meaning can e found in a dictionary or other source. It respects parliamentary supremacy ecause 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 amiguity or roadness. However, there are a numer of disadvantages: it can produce asurd 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 e 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 est 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 eing involved in a ceremony. It was noted y the judges that the first meaning would create a loophole since the second marriage would e void, it would e impossile to commit igamy 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

2 The mischief rule The origins of the mischief rule can e traced ack to Heydon s Case (1584). This rule looks at the law efore 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 pulic place for the purposes of prostitution. The court had to consider appeals y six women. They had all een charged under the Act, ut they argued they were not guilty ecause they were not in a street. They were inside a house and had een attracting attention y 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 eing 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 een said in Parliament. Whether this aid should e used has caused judicial deate. Lord Denning in Davis v Johnson (1979) discussed the enefits of using Hansard, ut 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 e used in certain situations: if the legislation is amiguous or oscure or leads to an asurdity if the material relied on consists of one or more statements y a minister or promoter of the ill, 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 y 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 een operating an outside etting place. The Act stated house, office, room or other place of etting. 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. AS Law: Sources of Law & Law Making 31

3 AS Law: Sources of Law & Law Making Statutory interpretation Expressio unius est exclusio alterius: this rule is used when the express mention of one thing implies the exclusion of another. An example can e seen in Tempest v Kilner (1846). This considered the Statute of Frauds Act 1677, which noted that a contract for the sale of goods, wares and merchandise of 10 or more needed to e evidenced in writing. This case concerned stocks and shares and, ecause they were not expressly mentioned in the list, they were excluded. Noscitur a sociis: this rule is used y looking at the words of the relevant section or other sections of the Act. It is sometimes descried as a word is known y the company it keeps. The rule is illustrated y Bromley London Borough Council v Greater London Council (1982). Greater London Council was operating a discounted fare scheme on certain types of pulic transport. The word that the court had to define was economic. Another part of the Act focused on the need to cover any defects. The court therefore implied a usiness or profit construction. This did not match a discounted fare scheme and it ruled that Greater London Council s policy was illegal. 32

4 Using Extract 1, answer the following questions. 1 Define the literal rule. 1 Answers 2 Can the use of the literal rule e justified? 2 3 What prolems of the literal rule does the golden rule overcome? 4 Explain the difference etween the two applications of the golden rule How does Smith v Hughes (1960) illustrate the mischief rule? 5 AS Law: Sources of Law & Law Making 33

5 AS Law: Sources of Law & Law Making Statutory interpretation Using Extract 2, answer the following questions. 6 What is Hansard? 6 7 Why has the use of Hansard as an external aid een controversial? 7 8 What conditions need to e satisfied for Hansard to e used? 8 Using Extract 3, answer the following questions. 9aWhat is ejusdem generis? Which case illustrates this rule of language? Explain how it illustrates the rule. 9a 34

6 10 a What is expressio unius est exclusio alterius? Which case illustrates this rule of language? Explain how it illustrates the rule. 10a 11 a What is noscitur a sociis? 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 askets, toy mice and food. A policeman has arrested a man for owning a German Shepherd dog. An Act states it is illegal to own pit ull 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. 11a 12a c AS Law: Sources of Law & Law Making 35

7 AS Law: Sources of Law & Law Making Statutory interpretation Using your notes, a textook and the internet, answer the following questions. 13a Amiguous words Words that have changed over time 13 a Complete the tale to illustrate four examples of each type of word. How would you find out the exact meaning of these words? c What prolems may words like these cause? d How may a judge decide to interpret one of these words? c d 14 Complete the tale to identify which of the following items are internal aids and which are external aids. Hansard the preamle 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. 14 Internal aids External aids 15 36

8 16 What is the purposive approach? Descrie a case that illustrates this approach Explain the literal v the purposive approach to interpreting legislation What is the effect of the Human Rights Act 1998 on statutory interpretion? 19 Identify the odd one out and explain your choice: A Fisher v Bell (1961) B Re Sigsworth (1935) C London and North Eastern Railway Co v Berriman (1946) D Whiteley v Chapell (1868) 20 There are three types of golden rule. True or false? AS Law: Sources of Law & Law Making 37

9 AS Law: Sources of Law & Law Making Statutory interpretation 21 Which term links the following phrases? a preamle explanatory notes Heydon s Case (1584) Smith v Hughes (1960) c Hansard international treaties 21a c 22 Complete the crossword Across 2 Key prolem with the words used in statutes, for example supply (9) 3 Key mischief rule case: Smith v (6) 4 A series of assumptions made y judges, such as mens rea eing needed in criminal cases (12) 8 Ejusdem general words that follow a list must e of the same kind (7) 10 Literal rule case involving a railway worker (8) 14 An advantage of the literal rule is that it promotes (9) 15 Rule of language words must e looked at in their (7) 16 Rule designed to avoid the possiility of ridiculous decisions eing made using the literal rule (6) Down 1 Approach to statutory interpretation favoured y European courts (9) 2 Disadvantage of using the literal rule in all cases (9) 5 Help to judges found outside the Act (9) 6 Judges using a purposive approach are seeking to find Parliament s (9) 7 Rule involving words eing given their ordinary or natural meaning (7) 9 Golden rule case relating to a son who murdered his mother (9) 11 Rule developed y Heydon s Case of 1584 (8) 12 Intrinsic aid found at the eginning of an Act (8) 13 Pepper v Hart (1993) allowed judges to use this pulication (7) 38

10 Notes Use this page to make revision notes on statutory interpretation. You may want to include notes on the following: the need for statutory interpretation literal v purposive approach the three rules (literal, golden and mischief) the rules of language internal and external aids AS Law: Sources of Law & Law Making 39