Statutory Interpretation and Law Commission Overview

Intrinsic aids are tools found within the Act itself, such as definition sections.

Marginal notes summarize sections and provide guidance on the Act's usage, although they are not mandatory.

Hansard can clarify Parliament's intentions when the Act's wording is ambiguous.

<p>Dictionaries aid in understanding key terms not defined by Parliament, using the relevant edition from the Act's date.</p> Signup and view all the answers

<p>The main purpose of the Law Commission is to review and reform the law systematically.</p> Signup and view all the answers

<p>Intrinsic aids are found within the Act, while extrinsic aids are sourced from external documents and resources.</p> Signup and view all the answers

<p>Codification involves bringing together all laws on a specific topic into one complete code.</p> Signup and view all the answers

<p>Consolidation means unifying scattered laws into a single Act.</p> Signup and view all the answers

<p>The Law Commission has successfully repealed over 3,000 Acts through nineteen Statute Law (Repeal) Acts.</p> Signup and view all the answers

<p>The Family Law Act 1996 is an example of successful consolidation by the Law Commission.</p> Signup and view all the answers

<p>Hansard serves as a record of Parliament's debates, helping to clarify legislative intent, particularly when the Act's wording is ambiguous.</p> Signup and view all the answers

<p>Dictionaries clarify the meanings of terms within the statute, such as using the Oxford English dictionary from the enactment date to define critical words.</p> Signup and view all the answers

<p>Law reform reports identify issues with existing laws and reveal the mischief Parliament intended to address, guiding interpretation.</p> Signup and view all the answers

<p>The Interpretation Act 1978 provides fundamental rules for interpreting statutes, such as inclusive definitions for gender and number.</p> Signup and view all the answers

<p>Hansard was used in <em>Pepper v Hart</em> to clarify the intention behind ambiguous wording in the statute.</p> Signup and view all the answers

<p>Short titles help judges understand an Act's purpose and distinguish it from similar Acts by providing its name and the date it was passed.</p> Signup and view all the answers

<p>Definition sections provide explicit meanings for key terms, which may differ from common dictionary definitions, guiding judges in their application.</p> Signup and view all the answers

<p>Marginal notes summarize sections of an Act, providing insights on application and aiding judges in understanding legislative intent.</p> Signup and view all the answers

<p>The date helps determine which dictionary to reference for interpretation, ensuring that terms are understood within their historical context.</p> Signup and view all the answers

<p>Judges may need to refer to different dictionaries to align with the definitions used at the time an Act was enacted, as language evolves.</p> Signup and view all the answers

<p>The primary focus of the purposive approach is on Parliament's intention and the purpose of the Act when interpreting legislation.</p> Signup and view all the answers

<p>In <em>Jones v TBC</em>, the court sided with the Act's purpose of preventing discrimination, thus finding D liable for racial abuse at work.</p> Signup and view all the answers

<p>The court expressed concern about the potential harm to the mother and prioritized preventing possible serious crime over a strict interpretation of the Adoption Act.</p> Signup and view all the answers

<p>A potential drawback of the purposive approach is that it could undermine Parliamentary Supremacy by allowing judges to interpret laws based on perceived intent rather than strict wording.</p> Signup and view all the answers

<p>The purposive approach is often used in interpreting European law to align domestic laws with EU objectives and principles.</p> Signup and view all the answers

<p>To prevent absurd or contradictory outcomes when interpreting statutes.</p> Signup and view all the answers

<p>The narrow approach selects the most suitable meaning of the words, while the broad approach creates a new meaning to avoid absurd results.</p> Signup and view all the answers

<p>The court interpreted 'marry' to mean going through a marriage ceremony to avoid an absurd not guilty verdict.</p> Signup and view all the answers

<p>The absurdity was allowing a murderer to profit from their crime, leading the court to interpret the statute as excluding those who cause the death.</p> Signup and view all the answers

<p>It may undermine parliamentary supremacy by altering the wording of an Act to achieve a desired outcome.</p> Signup and view all the answers

<p>The Lord Chancellor and Secretary of State for Justice appoints the Chair and Commissioners.</p> Signup and view all the answers

<p>A Commissioner can be appointed for up to five years, with potential extension.</p> Signup and view all the answers

<p>The commission includes experienced judges, barristers, solicitors, and law teachers.</p> Signup and view all the answers

<p>The Law Commission is tasked with codifying and consolidating laws.</p> Signup and view all the answers

<p>The commission is supported by the Chief Executive, Government Legal Service members, Parliamentary Counsel, and research assistants.</p> Signup and view all the answers

<p>The literal rule dictates that judges must apply the plain and ordinary meaning of the words in a statute.</p> Signup and view all the answers

<p>The court determined that oiling was routine maintenance, which did not fall under 'repairing or relaying' as per the statute.</p> Signup and view all the answers

<p>The accused was found not guilty because the police, who were present, did not qualify as 'passengers' using the toilet in the usual sense.</p> Signup and view all the answers

<p>One criticism is that it can lead to unfair or absurd outcomes due to its rigid adherence to the literal meaning.</p> Signup and view all the answers

<p>Judges are constrained to interpret statutes based solely on their ordinary meaning, limiting their discretion in creating legal outcomes.</p> Signup and view all the answers

<p>The mischief rule focuses on understanding the problem Parliament intended to address and interprets the Act to remedy that problem.</p> Signup and view all the answers

<p>One limitation of the mischief rule is that it may lead judges to deviate from the Act's precise wording, potentially undermining parliamentary supremacy.</p> Signup and view all the answers

<p>In <em>Smith v Hughes</em>, the mischief rule was applied to find the prostitutes guilty despite them not being physically in the street, as their actions were deemed to harass passersby.</p> Signup and view all the answers

<p>The mischief rule allowed nurses to aid in abortions under the Abortion Act, focusing on the need to prevent illegal back-street abortions.</p> Signup and view all the answers

<p>The four crucial questions are: what was the common law before the Act, what mischief was the law not addressing, what is the remedy Parliament sought, and how should the Act be interpreted to address that mischief.</p> Signup and view all the answers

<p>Political parties influence law reform by publishing manifestos that outline their ideas, which can lead to the introduction of laws when they are elected.</p> Signup and view all the answers

<p>Public opinion can drive Parliament to create laws in response to strong feelings on specific issues.</p> Signup and view all the answers

<p>Media influences law reform by highlighting social issues, thereby shaping public opinion which can affect Parliamentary decisions.</p> Signup and view all the answers

<p>Pressure groups represent specific societal interests or causes, advocating for legislative change and influencing policymakers.</p> Signup and view all the answers

<p>The Law Commission identifies legal issues, conducts research, and proposes reforms to improve laws.</p> Signup and view all the answers