Chapter 3: Statutory Interpretation

Please work through the following sections, taking care to observe the marks allocated for each question.

A) DEFINITIONS

Please explain the meaning of the following terms, providing examples wherever appropriate.

1) Statutory interpretation

2) Drafting

3) Intrinsic aids

4) Ejusdem generis

5) Exclusionary rule

6) Noscitur a sociis

7) Expressio unius est exclusio alterius

8) Interpretation Act 1978

9) Parliamentary sovereignty

10) Hansard

B) DIFFERENCES

11) Provide three different presumptions made by judges when interpreting statutes.

12) What is the distinction drawn by Llewellyn as to grand-style and formal-style judges?

C) LISTS

13) List two cases to illustrate the ‘golden rule’ of interpretation. (2)

14) List the three limits placed on the use of Hansard in statutory interpretation (stated by Lord Browne-Wilkinson) in Pepper v Hart. (3)

15) List five extrinsic aids that may be used by judges in interpreting statutes. (5)

16) List two cases that illustrate the mischief rule of interpretation. (2)

17) List three practical difficulties associated with the use of Hansard for interpretation. (3)

D) MISCELLANEOUS

18) Using at least two cases, assess the advantages and disadvantages of the literal rule.

19) Provide and explain two cases to illustrate that statutes can be interpreted to keep up with changing times.

20) Define, and illustrate with at least two cases, the purposive approach to statutory interpretation.

21) Give reasons to suggest why there has been a drift from the literal to purposive approaches over the last thirty years.