SOURCES OF LAW
Statutory Interpretation involves the
judges applying an Act of Parliament to an
actual case. The wording of the Act may
seem clear when it is drafted and checked
by Parliament, but it may become
problematic in the future.
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To know the difference between an intrinsic
aid and an extrinsic aid
Understand the purposive approach and how
it relates to the three rules
Understand the use of Hansard and when it
can be used
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S.1 of the Act states that people with
blonde and red hair should sit on the left
side of the room.
S.2 of the Act states that people with
brown and black hair should sit on the right
side of the room.
In pairs discuss and list at least two
problems of interpretation regarding this
Act.
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There are two approaches:
The literal approach
and
The purposive approach
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There are three rules of statutory
interpretation:
Literal rule
Golden rule
Mischief rule
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The judges take the plain, ordinary
everyday meaning of the word or phrase and
apply it to the case. The words are taken as
read.
The dictionary defines the meaning of literal
as:
taking words in their usual or most basic sense
without metaphor or exaggeration.
Parliament wanted to ban the use of flick
knives. Under the Offensive Weapons Act
(1959) it was an offence to “sell of offer for
sale any flick knife”.
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In pairs read the case and apply the literal
rule to this case.
Remember using the literal rule the judge
will take the plain, ordinary everyday
meaning of the word or phrase.
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This rule is an extension of the literal rule.
The judge will alter the words or
interpretation in a statute so that it avoids
an ‘absurd or repugnant result’.
Judges may use the narrow approach or the
broad approach.
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The narrow approach:
Under this approach judges may choose between the
possible meanings of a word or phrase. If there is
only one
meaning then this meaning must be
followed.
The broad approach:
The words have one clear meaning, but following
that meaning would lead to ‘a repugnant or absurd
result’.
Under s.57 of the Offences
Against the Person Act 1861
bigamy is an offence, namely
‘anyone who marries another
while still married’.
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Sigworth murdered his mum and under the
Administration of Estates Act 1925 was due
to inherit all her money. This was challenged
by the rest of the family.
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The mischief rule was established in
Heydon’s Case (1584).
What was the law before the statute?
What mischief was not adequately dealt with
before the Act?
What was the reason and remedy Parliament
was hoping to obtain?
Quite simply we ask ourselves what was the
intention of Parliament when passing the law.
The defendants were
charged with ‘soliciting in
a street or public place
for the purposes of
prostitution’ contrary to
the Street Offences Act
1959.
However,
they
were soliciting from an
upstairs windows.
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Very similar to the mischief rule
It goes beyond ‘filling the gaps’ in a statute
It looks at what Parliament meant to achieve
It looks for the purpose of the Act
Literal Approach
Literal
Rule
Purposive Approach
Golden Rule
Narrow
Mischief Rule
Broad
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Intrinsic Aids
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Extrinsic Aids
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Presumptions
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Latin Rules of Language
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These are sources within the Act (internal
aids).
To determine the meaning of a section of an
Act of Parliament, the judge may wish to
look at other sections in the Act:
the definition section,
preamble, and
the long and short title.
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These are sources outside the Act (external
aids):
Dictionary
Hansard
Previous Acts of Parliament on the same
topic
Case law
Interpretation Act 1978
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Judges also make presumptions about the
wording of a statute:
the common law has not been changed unless
the Act clearly states it
a criminal offence usually requires a mens
rea (guilty mind) and
the law should not act retrospectively.
Ejusdem Generis – of the same kind e.g.
‘motorbikes, cars and other vehicles’
Powell v Kempton Park Racecourse (1899)
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Expressio Unius Exclusio Alterius – the
express mention of one thing excludes all
others
Tempest v Kilner (1846)
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makes a word draw
others around it e.g.
Noscitur a Sociis -
meaning
from
‘motorbike, care and fuel’. We can assume
that the fuel is motor fuel.
Beswick v Beswick (1968)