1. Statutory Interpretation
Advantages and disadvantages of
the rules of interpretation

2. 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 sale

3. 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 perfectly

4. 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 parliamant

5. 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’

6. 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 approach

7. 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Out of date – 16th century

8. 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 intention

9. Disadvantages of the purposive approach
Too much power to unelected jury
Judicial decisions based on policy – Fitzpatrick v Sterling Housing Association

10. Advantages of the ejusdem generis rule
No requirement for draftsmen to write an exhaustive list of everything included
Adadpt to changes in society

11. 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 making

12. Advantages of the noscitur sociis rule
No need for draftsmen to foresee every particular circumstance
Adapt to unforeseen circumstances

13. Disadvantages of the noscitur sociis rule
Offends the separation of powers – judicial law making
Unpredictable outcomes due to scope for judicial discretion

14. Advantages of the exclusio alterius rule
A finite list is provided
More predictable
Lawyers can advise due to this
Respects separation of powers

15. Disadvantages of the exclusio alterius rule
Rigidity
No scope for future changes
Possible unfair and unjust outcomes

16. 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 words

17. Disadvantages of the intrinsic aids
Doubt as to whether punctuation should be taken into account – wasn’t used prior to 1850

18. 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 language

19. 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 Ryan

20. Activity Page 53