Public: Statutory Interpretation

Question 1

What is the starting point under the literal rule?

Answer 1

Give every word its ordinary

Question 2

Name a leading case applying the literal rule.

Answer 2

Whiteley v Chappell (“one who is not entitled to vote” cannot include a dead person)

Question 3

When is the golden rule used?

Answer 3

Only when a literal reading would produce absurdity

Question 4

What are the two limbs of the golden rule?

Answer 4

Narrow (choose among meanings to avoid absurdity) and wide (modify words to avoid absurdity)

Question 5

Give an example of the narrow golden rule in action.

Answer 5

R v Allen (interpreting “marry” as to go through a marriage ceremony

Question 6

What is the mischief rule?

Answer 6

Look back to the gap or “mischief” in the old law that the statute was meant to remedy and interpret to suppress it

Question 7

Which case defined the mischief rule?

Answer 7

Heydon’s Case (1584) – four-part test for identifying the mischief

Question 8

Provide a modern example of the mischief rule.

Answer 8

Smith v Hughes (street offences act) – “in a street or public place” included soliciting from balconies

Question 9

What does the purposive approach focus on?

Answer 9

The broader purpose

Question 10

Which statute encourages the purposive approach in UK courts?

Answer 10

The European Communities Act 1972 (for EU-derived law) and later statutory instructions like the Interpretation Act

Question 11

What is the “presumption against ousting jurisdiction”?

Answer 11

Unless Parliament clearly says so

Question 12

What is the “presumption against retrospectivity”?

Answer 12

Statutes are assumed not to apply backwards unless explicitly stated

Question 13

Name the three classic maxims of statutory interpretation.

Answer 13

Expressio unius est exclusio alterius; Noscitur a sociis; Ejusdem generis

Question 14

What is the presumption against absurdity?

Answer 14

Parliament does not intend absurd or irrational outcomes—interpret to avoid them

Question 15

Give an example of expressio unius leading to exclusion.

Answer 15

Listing “dogs

Question 16

What are intrinsic aids to interpretation?

Answer 16

Materials within the Act itself—titles

Question 17

What are extrinsic aids to interpretation?

Answer 17

Materials outside the Act—Hansard

Question 18

What is the effect of the Interpretation Act 1978?

Answer 18

Sets default definitions (e.g. “month”)

Question 19

Name two judicial aids beyond literal

Answer 19

golden

Question 20

How are bilingual Senedd Acts treated?

Answer 20

English and Welsh texts have equal authority; differences resolved by purposive interpretation

Question 21

What does the Wales Act require about Senedd legislation?

Answer 21

That interpretations respect the scope of devolved competence and refer to the Senedd’s Explanatory Memoranda

Question 22

How are cross-references handled within Senedd statutes?

Answer 22

By using numbered “Part”

Question 23

What special presumption applies to human rights in Senedd Acts?

Answer 23

Courts presume legislation is compatible with the European Convention on Human Rights

Question 24

What role do Explanatory Memoranda play for Senedd Bills?

Answer 24

They guide on legislative intent and scope

Question 25

When might courts look to academic commentary in statutory interpretation?

Answer 25

Rarely binding