Statutory Interpretation
Statutory Interpretation
Statutory Interpretation
Strodes College Laws students are free to make use of Pdf Print files for study purposes (they should print them off and take them to class). Others should ask before copying or using these Pdf Print Files. Copyright of Dr Peter Jepson [email protected]
Statutory Interpretation
By Dr Peter Jepson. Your should read and prcis this area of law from a textbook such as The English Legal System by Jacqueline Martin.
PRECIS NOTES WILL BE CHECKED
Rules of Language
If a list is followed by general words, the general words are interpreted in the context of the list Powell v Kempton Racecourse (1899). If there are no general words at the end of a list, only things in the list are covered by the legislation. This is called expressio unius exclusio alterius (the expression of one, excludes others).
Approaches to interpretation
Literal Rule
Golden Rule Mischief Rule Vanstone & Sherratt
claim that a modern descendant of the Mischief Rule is the Purposive Approach. However, Dr J considers this to be a modern methodology which owes its development to European Law.
ECHR compatibility
s.3 of the Human Rights Act 1998 says that judges MUST read all primary and secondary legislation in a way that is compatible with the ECHR.
ECHR compatibility
Thus, if the section or legislation has more than one meaning the Courts must interpret in accord with the ECHR.
ECHR compatibility
If legislation is not compatible the Judge notifies the Govt Minister and leaves it to him/her. This interpretive approach, because it is laid down by Parliament, takes precedence over common law methods. But it does not make common law approaches redundant. For example, the relevant Q of law may not involve a human rights issue.
R v Allen (1872)
s.57 of the Offences Against the Person Act 1861 made it an offence to marry whilst the original spouse was still alive (i.e. with no divorce). D claimed he could not legally marry because he was not divorced. The court decided that in the Act the word marry means to go through a ceremony of marriage. To accept otherwise would produce an absurd result.
R v Sigsworth (1935)
A son had murdered his mother. Mother had not made a will but, as per rules in Administration of Justice Act 1925, her next of kin (her son) would inherit. No ambiguity in the wording of the Act, but the court refused to let a murderer benefit from his crime. Held that the literal rule should not apply and the golden rule was used to prevent a repugnant situation.
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Purposive Approach
EU link. Looks at the purpose behind the legislation so as to give effect to that purpose. Case of Pepper v Hart (1993) enables courts to look at Hansard where they consider the law is ambiguous. From 1999 a set of explanatory notes are issued with each Bill these are designed to assist understanding and are not part of the Act.
Purposive Approach
Used in Pickstone v Freeman in relation to equal treatment. Also in R v Registrar General ex parte Smith (1990). Note however, Cutter v Eagle Star (1998) and the caution, or conservatism, when it comes to changing the law See Page 96 of The ELS for a case example
Do the following
Do you agree with J Martins comment on page 95 of The ELS? Discuss! Plan the examination questions on Page 102 of The ELS.