Unit 1 Law making

Unit 1 Law making

Topic 3 Statutory InterpretationPurposive Approach

Lesson ObjectivesAll Learners will be able to:• Discuss the literal and golden rule in depth with case-law

references.• Define the mischief rule and make reference to case-law.• Understand what the purposive approach is and list some case-

law.Most learners will be able to:• Demonstrate understanding of case-law in relation to the

purposive approach.Some learners will be able to:• Critically analyse the development of statutory interpretation.

What is the purposive approach?

Key Case law?

What are the Dis/Advantages of the Purposive Approach?

In pairs, consider the advantages and disadvantages of this approach. Refer to case-

law for direction. (5 mins)

ADVANTAGES DISADVANTAGESWill see far fewer absurd results using a purposive approach.

Can question what the ‘intention of Parliament’ means. Does it mean that Parliament passed the Act, or those members who voted with the majority., or those who were present during the debates?

Witnessing a genuine intent to bring about justice.

Knowing which approach is likely to be taken – lack of clarity will cause inconsistency in results.

Judges look beyond the “gap” that Parliament had meant to achieve at the time of legislating.

Even though most of the Judges in the House of Lords disapproved of the case of “R v Registrar of State” 2 judges had approved of it. Unelected judges can’t make the Law as this can create uncertainty.

Teams of 3 each.Assign a Team Name and Sound

Let the game begin!

LAW

Define the Literal, Golden and Mischief rules…

LITERAL RULE

Which rule came about from this case?

Give an example of the rule.

Facts?

Held?

Held?

Facts?

Held?

Facts?

Held?

Facts?

Held?

Facts?Held:

GOLDEN RULE

What did Lord Blackburn say?

Facts?Held?

Facts?

Held?

Facts?Held?

Facts?

Held?

MISCHIEF RULE

What were the rules?1.What was the law before the statute?

2.What was wrong with that law?3.How did Parliament intend to correct this?

4.Apply this statute in that context.

Facts?Held?

Facts?Held?

Facts?Held?

PURPOSIVE APPROACH

Law?Section 1(1) of the Abortion Act 1967 states that ‘a person shall not be guilty of an offence under the law relating to abortion when a pregnancy is terminated

by a registered medical practitioner…’ Facts?

Held?

Facts?1984.

Law?that it would be an offence to sell such a video where the seller had reason to believe the buyer was under age; on the facts, this applied to the checkout operator but not

to the company itself.

Held?

Facts?

Held?

Law?Concerned s.51 of the Adoption Act 1976 which

enables a person to obtain details of his birth certificate when reaching 18 years of age.

Facts?Held?

Quick recap of last 3 lessonsWrite 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?