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Statutory Interpretation Statutory Interpretation

Statutory Interpretation - PowerPoint Presentation

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Statutory Interpretation - PPT Presentation

Advantages and disadvantages of the rules of interpretation Advantages of the literal rule Parliamentary supremacy is respected Judges given a restricted role Law making left to those who are elected for law making ID: 431545

advantages rule approach disadvantages rule advantages disadvantages approach mischief absurd literal law purposive parliament unjust results making judicial aids

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Presentation Transcript

Slide1

Statutory Interpretation

Advantages and disadvantages of

the rules of interpretationSlide2

Advantages of the literal rule

Parliamentary supremacy is respected

Judges given a restricted role

Law making left to those who are elected for law making

Application of literal rule can highlight to parliament problems with an act – Fisher v Bell – invitation to treat now treated in the same way as offers for saleSlide3

Disadvantages of the literal rule

Absurd results

Unjust results – LNER v Berriman (1946)

Does not always give effect to the intention of parliament – they would not want absurd results

Where a dictionary definition gives two meanings, the literal rule will not work

Requires the assumption that draftsmen will always do their job perfectlySlide4

Advantages of the golden rule

Prevents absurd and unjust results – Re Sigsworth

More likely than the literal rule to have produced a result intended by parliamantSlide5

Disadvantages of the golden rule

No clear definition of what amounts to an absurd result – therefore unpredictable

Makes it difficult for lawyers to advise clients whether or not to pursue a case

Too much power given to judges

Michael Zander calls it a ‘feeble parachute’Slide6

Advantages of the mischief rule

Avoids absurd and unjust outcomes – McMonagle

Promotes flexibility

How parliament intended it – smith v hughes

Law Commission calls it a ‘rather more satisfactory approach’ – preferred approachSlide7

Disadvantages of the mischief rule

Too much power to an unelected judiciary

Is it the job of a judge to update legislation? – Abortion Act 1967

Can be hard to discover the original mischief – search old law

Difficult to identify precise intention of parliament

Out of date – 16

th

centurySlide8

Advantages of the purposive approach

Consistent with EU approach

Gives effect to parliament’s intentions

Denning states that it is “preferable to destructive analysis”

Avoids absurd and unjust results

Flexible

Parliament's intentionSlide9

Disadvantages of the purposive approach

Too much power to unelected jury

Judicial decisions based on policy – Fitzpatrick v Sterling Housing AssociationSlide10

Advantages of the

ejusdem

generis rule

No requirement for draftsmen to write an exhaustive list of everything included

Adadpt to changes in societySlide11

Disadvantages of

the

ejusdem

generis rule

Not always predictable what judges will consider to be of the same category as the specific words – Kensington and Chelsea LBC ex p Kihara (1996)

Allows for judicial law makingSlide12

Advantages of the

noscitur

sociis

rule

No need for draftsmen to foresee every particular circumstance

Adapt to unforeseen circumstancesSlide13

Disadvantages of

the

noscitur

sociis

rule

Offends the separation of powers – judicial law making

Unpredictable outcomes due to scope for judicial discretionSlide14

Advantages of the

exclusio

alterius

rule

A finite list is provided

More predictable

Lawyers can advise due to this

Respects separation of powersSlide15

Disadvantages of

the

exclusio

alterius

rule

Rigidity

No scope for future changes

Possible unfair and unjust outcomesSlide16

Advantages of the intrinsic aids

Long title can remind judges of what they are trying to achieve – mischief/purposive approach – Black-Cawson (1975)

Preamble, objectives or puposes sections help when applying mischief/purposive approach

Schedules help understand the provisions of an act – easy to reference

Definition section helps with interpreting wordsSlide17

Disadvantages of the intrinsic aids

Doubt as to whether punctuation should be taken into account – wasn’t used prior to 1850Slide18

Advantages of the extrinsic aids

Dictionaries help when using literal approach

Referring to acts can help with interpreting mischief

Commission reports help when applying mischief/purposive approach

Hansard is a very useful tool – Davis v Johnson

Explanatory notes use more accessible languageSlide19

Disadvantages of the extrinsic aids

Dictionaries do not help when looking at parliament’s intention

Interpretation Act is limited in scope and not very technical or specialised

Commission reports can be erroneous – Anderton v RyanSlide20

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