Oli Booty
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AS Law Mind Map on Statutory Interpretation, created by Oli Booty on 03/04/2015.

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Oli Booty
Created by Oli Booty almost 10 years ago
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Statutory InterpretationApproaches to Statutory InterpretationThe definiation is the interpretation of Acts of Parliamentby judges. 75% of cases in the Supreme Court areconcerned with SI.4 RulesThe literal ruleWords or phrases in an Act aregiven their ordinary, natural ordicitonary meaning. The literal ruledoes not allow a judge to create law.It requires application of law asstated by Parliament.Fisher v Bell (1961) - The defendant displayed flick knives in his shopwindow. He was charged under The Restriction of Offensive Weapons Act1959. The act makes it an offence to "sell or offer for sale" an offensiveweapon. In contract law it was an invitation to treat so the defendant wasnot guilty.The golden ruleAn extentionto the literal rule but without usingthe literal interpretation so it wouldn't lead to anabsurd result.NarrowapproachBroadapproachIf the word has more than one literal meaning the judge will pick thedefiniation that avoids abdurdity. Allen wanted to remarry to a relativebut he was charges under s57 Offences Against the Person Act 1861which states you cannot remarry if the first marrigae id not end. hewent through a ceremony but it was void but the court used the ruleto mean that the ceremony was enough.When a word only has one meaning but it would causeabsurdity so the jugde will modify the meaning. In AdlervGeorge (1964) the defendant was charged under theOfficial Secrets Act 1920, he obstructed an army person"in the vicinity of a prohibited place". The defendantedareguend that he was in the prohiited place not thevicinity, the judge interpreated that "in" was part of the"in the vicinity of".The mischief ruleThe court looks at the gap in the law that parliament felt nescessary to fill, itinterprets that Act to fill the gap and remedy the mischeif rule. In Heydon's Case(1584) the court had to consider 4 things. 1) What was the common law beforethe Act. 2) What was the defect or mischief for which the common law did notprovide a remedy. 3) What remedy does the Act attempt to provide to cure thedefect. 4) What is the true reason for the remedy.Smith v Hughes (1960) under the Street Offences Act 1959 its an offence to solicit "in the street orpublice place. The defendant used that the prostitute was on a balcony but the court knew that this Actwas passed to stop behavouir like this nevermind where where the soliciting originated from.The purposive approachThis focuses on what Parliament was trying to fill with passing an Act. It is a modern version of themischief rule, it is minor technicality. instead of looking at words and their meaning a judge will look at thepurpose and intentionAids to interpretationIntrinsic aidsFound within the Act, the judge may use words orphrase within question.Long/short title of an act can be guidance. Abortion Act 1967's long title is "AnAct to amend and clarify the law relating to termination of pregnancyby registeredmedical practitioners" .Older statues have a preamble which is a statement preceding themain body of the Act, setting out the purpose. Newer statues havetheir purpose at the beginning.Modern Acts have a definiation section which explains themeaning of key words.Grammar will decide on the definition of a wordExtrinsic aidsFound outside the Act refered to bythe judge.Dictionaries can be used to find literal meanings. InVaughan v Vaughan (1973) to interpret "molest", thedefendant was pestering his ex-wife to resume therelation ship by calling her at work and seeing her early inthe morning and late at night. He was found guiltybecause "molest" means annoy, vex or put toinconvenience".Previous Acts may be referred like it did in Wheatley (1979).The court may look at Reports of the Law Commission, Royal Commissions andother law reform bodies. A Law Commission report can highlight what is wrongwith the old law, and suggest options.Texts Books can beused.AdvantagesDisadvantagesLiteral rule - Respects parliamentary sovereignty and leaveslaw-making to democratically elected Parliament.Golden rule - Prevents absurd/unjust results and it's more likely to give effectto parliament's intentions.Mischeif rule - Avoids absurd/unjust outcomes, it promotes flexibility and it'sthe preferred approach of the Law Commission.Purposive approach - Consistent with European approachand it gives effectto Parliament's intentions and it's Denning.Literal rule - Produces absurd outcomes, it doesn't reflect Parliament'sintentions and it assumes perfection from draftsmen.Golden rule - Too much power to the judiciary, has uncertainty to an absurdoutcome.Mischief rule - Too much power to the judiciary, it letsjudges update legislation and it's out of date.Purposive approach - Too much power to the judiciary and it makes judicialdecisions on policy.Double click this nodeto edit the textClick and drag this buttonto create a new node