Revision for AS Law - My power point

1. Parliament’s Intention
02.02.2012

2. HOMEWORK!
Hand in your practice answer to exam question to the
purposive approach – and any outstanding
homework. Failure to hand in an answer, will result in
an incomplete task on progress report.
Grid.

3. Lesson Objectives
All learners will be able to:
Identify and explain 5 different rules judges use
to find out Parliament’s intention.
Most learners will be able to:
Define the language rules and how they apply.
Some learners will be able to:
Critically analyse the progress of statutory
interpretation, discussing the past, present and
future aids to interpretation.

4. Starter Activity
Card Game
Match the bold headings with the
paragraphs/phrases.
7 mins.

5. Picto-Case Law
10 mins

6. Literal Rule vs. Purposive Approach
What is the difference between the literal
approach and the purposive approach?
The literal approach takes each word literally.
The purposive approach is very broad and does
not look at the precise meaning of each word.
Can you recall any case-law/AO2 marks about
the purposive app?

7. Problems between the literal
approach and purposive approach.
It is questioned whether judges should examine each
word and take the words literally or whether it should be
accepted that an Act of Parliament cannot cover every
situation and that the meanings of words cannot always
be exact.
1. Cheeseman v DPP – Facts?
2 policeman waited in a public toilet to arrest a man who
was accused of wilfully and indecently exposing his
person in a street to the annoyance of passengers.
Court applied dictionary meaning, and since police did
not fall under passengers , no offence had committed

8. Literal vs. Purposive A02
In this case, the courts interpreted the law
literally, which therefore caused problems. Can
you identify the problems caused as a result of
the literal app being used?
(5 mins)
D was still ‘wilfully and indecently exposing his
person in a street’ and that he was caught doing
that.

9. Problems with Cheeseman v DPP
(Literal)
• The question arises does it matter whether the police
officers were ‘passengers’ by literal meaning?
• Surely, the purpose of the act was to prevent this
indecent behaviour, regardless of whether the police
officers were deemed passengers.
• D was still ‘wilfully and indecently exposing his person
in a street’ and that he was caught doing that.
In contrast, the purposive app is very broad. Instead of
looking at the exact definition of the word, a broader
approach is taken – how? What other aids does the
Purposive app use?

10. Problems with interpreting Statutes
(A02)
The following terms are a few reasons why
interpreting statutes can cause confusion/why
interpretation is required. Write a short paragraph
explaining how:
1. A broad term
2. Ambiguity
3. A drafting error
4. New developments
5. Changes in the use of language.

11. Answers
1. A broad term
Although the wording in some statutes may be
broad so that it can cover and relate to a number of
things, the word is sometimes too broad and results
in confusion.
Dangerous Dogs Act 1991- ‘any dog of the type
known as the pit bull terrier’
- what is meant by ‘type’?
- does it mean the same as ‘breed’?

12. 2. Ambiguity
Where the wording in the statute is unclear because
it has two or more meanings, then again, problems
will arise and the court will have to decide the exact
meaning of the particular word or phrase.
3. A drafting error
Where an error has been made and has been
unnoticed by Parliament, once again, the error in
the statute will result is debate as the statute will
say one thing but the actual law means another.

13. 4. New developments
As a result of new technology, an old Act of
Parliament does not always cover situations which
occur today.
5. Changes in the use of language
The meaning of words can change over a period of
time.
E.g. the meaning of ‘street’ and ‘passenger.’
Which cases does these words cause issues?
Street – Smith v Hughes (prostitutes)
Passengers – Cheeseman v DPP.

14. Looking at Parliament’s Intention
Can you name any rules which judges may use to find
out what was Parliament’s intention?
Literal rule – plain ordinary meaning
Golden rule – to take away any absurdity produced from
literal rule
Mischief rule – look at what the mischief caused from
previous acts, and how Parliament intended to fix this.
Purposive app – looking at what Parliament SAID and
MEANT! – what was the purpose of the act?

15. Aids to interpretation
The courts use a variety of aids to help them interpret
statutes, along with the rules we have already mentioned.
Imagine that you have a section of a book to read for
homework, and it contains some words which you do not
completely understand. Where might you obtain help?
The index of the book, a dictionary, similar
books, internet, ask a friend etc.
Now consider what the courts may wish to use to help them
understand words within a statute which are not clear.

16. Aids to interpretation
• Euisdem Generis Rule – examples?
• Expressio unius exclusio alterius - If there are no
general words at the end of the list, only things in
the list are covered by the legislation. For
example; The "men" sign on a toilet door
impliedly excludes women and vice versa.
• Noscitur a sociis - Words are generally
interpreted in the context of the Section and the
Act as a whole.

17. Presumptions
It is presumed that an Act does not act retrospectively unless
stated specifically.
It is presumed that an Act does not bind the crown.
Criminal liability requires mens rea.
The common law remains unchanged unless expressly stated
by an Act of Parliament - Fisher v Bell (1961): A flick knife
displayed in a shop was not ‘offered for sale’. It is presumed
the draftsmen know technical legal language and so the
common law expression was not altered.

18. Intrinsic Aids – define/examples?
1. These are matters within the statute which helps make
the meaning clearer.
2. The courts can consider the long title, the short title and
the preamble (if any).
3. The older statutes usually have a preamble. This sets out
Parliament’s purpose in enacting that statute.
4. Modern statutes may not have a preamble but if it
does, then it will be very brief one. E.g. the Theft Act
1968.

19. Intrinsic cont’d…
• Other useful internal aids within the statute are
the use of any headings before a group of
sections, and any schedules attached to the Act.
• There are also marginal notes explaining different
sections, but these are not generally regarded as
giving Parliament’s intention as they will have
been inserted after the parliamentary debates
and are only helpful comments put in by the
printer.

20. Extrinsic Aids – define/example?
These are matters which are outside the Act.
It has always been accepted that some external
sources can help explain the meaning of an Act.
These sources are;
Previous Acts of Parliament on the same topic
The historical setting
Earlier case law
Dictionaries of the time

21. New Extrinsic Aids
Originally, the courts had very strict rules that other extrinsic
aids should not be considered.
However, for the following three aids, the courts’ attitude has
changed. The three main extrinsic aids are;
1. Hansard : the official report of what was said in
Parliament when the Act was debated
2. Reports of law reform bodies, such as the law
commission, which led to the passing of the Act.
3. International conventions, regulations or directives which
have been implemented by English legislation.

22. Hansard
From which case did the acceptance of the use of the
Hansard arise?
History
Davis v Johnson – in this case there was resistance to the idea
of the Hansard being used to interpret statute.
Present Day
Pepper v Hart – held that the Hansard can be used in 3
situations:
1. If the words of the Act are ambiguous
2. The statements relied on are of the Minister or promoter
of the Bill
3. The statements relied on are clear.

23. The effect of EU Law on S.I
Since the UK became a member of the EU in 1973, the
influence of the European preference for the purposive
approach has affected the English courts in two ways;
1. They have had to accept that, at least for law which
has been passed as a result of having to conform to a
European law, the purposive approach is the best one
to use.
2. The fact that judges are having to use the purposive
approach for European law is making them more
accustomed to it and, therefore, more likely to apply
it to English law.

24. Interpreting EU Law
When the law to be interpreted is based on
European law, the English courts must interpret
it in the light of the wording and purpose of the
European law.
In the Marleasing case (1992), the European Court of Justice ruled that
this included interpreting national law in the light and the aim of the
European law.
In your own time look up the Mendoza v Ghaidon (2002) and
summarise it.
What is the Human Rights Act 1998?

25. The effect of the Human Rights Act
1998
S3 Human Rights Act; “so far as it is possible to do
so, legislation must be read and given effect in a
way which is compatible with the rights in the
European Convention on Human Rights”.
Rights and freedoms to which all humans are
entitled e.g. dignity, fairness, equality, autonomy.
HRA 1998 now has an increasingly important
impact on how judges interpret statutes.

26. The Effect of the HRA 1988
S.3 says that judges must read all primary and
secondary legislation in a way that's compatible
with the European Convention on Human Rights. So
if the legislation has more than one meaning, the
judge must use the meaning that makes English Law
compatible with the convention.
If the legislation is incompatible, government must
decide whether to change the legislation to make it
compatible.

27. Quick recap of last 3 lessons
Write the answers down yourself, you have 10 mins.
1. Reason why statutes may require interpretation?
2. What is the Euisdem Generis rule? Examples?
3. What are Extrinsic/Intrinsic aids?
4. What is the literal rule? – case example?
5. What is the golden rule? Case example?
6. What are the two approaches in golden rule? Define?
7. Case example of wide approach?
8. Case example of narrow approach?
9. What are the ad/dis of literal rule?
10. What are the ad/dis of golden rule?
11. What is the mischief rule?
12. What is the KEY case with the four rules from the mischief rule?
13. What are the four rules from the above case?
14. List case-law for mischief rule.
15. What is the purposive approach? List some case-law.
16. What are the advantages and disadvantages of this approach?