Introduction
In this task I am required explain the rules of statutory interpretation.
Literal rule
The literal rule of statutory interpretation should be the first rule applied by judges. Under the
literal rule, the words of the statute are given their natural or ordinary meaning and applied
without the judge seeking to put a gloss on the words or seek to make sense of the statute.
Fisher v Bell [1961] 1 QB 394
The defendant had a flick knife displayed in his shop window with a price tag on it. Statute
made it a criminal offence to 'offer' such flick knives for sale. His conviction was quashed as
goods on display in shops are not 'offers' in the technical sense but an invitation to treat. The
court applied the literal rule of statutory interpretation.
Advantages of the literal rule
Restricts the role of the judge
Provides no scope for judges to use their own opinions or prejudices
Upholds the separation of powers
Recognises Parliament as the supreme law maker
Disadvantages of the literal rule
Creates awkward precedents which require Parliamentary time to correct
Fails to recognise the complexities and limitations of English language
Undermines public confidence in the law
Mischief rule
The mischief rule of statutory interpretation is the oldest of the rules. The mischief rule was
established in Heydon's Case [1584] EWHC Exch J36 Case summary. In Re Sussex Peerage,
it was held that the mischief rule should only be applied where there is ambiguity in the
statute. Under the mischief rule the role is to suppress the mischief the Act is aimed at and
advance the remedy.
Royal College of Nursing v DHSS [1981] 2 WLR 279
The Royal College of Nursing brought an action challenging the legality of the involvement
of nurses in carrying out abortions. The Offences Against the Person Act 1861 makes it an
offence for any person to carry out an abortion. The Abortion Act 1967 provided that it
would be an absolute defence for a medically registered practitioner (ie a doctor) to carry out
abortions provided certain conditions were satisfied. Advances in medical science meant
surgical abortions were largely replaced with hormonal abortions and it was common for
these to be administered by nurses.
1
In this task I am required explain the rules of statutory interpretation.
Literal rule
The literal rule of statutory interpretation should be the first rule applied by judges. Under the
literal rule, the words of the statute are given their natural or ordinary meaning and applied
without the judge seeking to put a gloss on the words or seek to make sense of the statute.
Fisher v Bell [1961] 1 QB 394
The defendant had a flick knife displayed in his shop window with a price tag on it. Statute
made it a criminal offence to 'offer' such flick knives for sale. His conviction was quashed as
goods on display in shops are not 'offers' in the technical sense but an invitation to treat. The
court applied the literal rule of statutory interpretation.
Advantages of the literal rule
Restricts the role of the judge
Provides no scope for judges to use their own opinions or prejudices
Upholds the separation of powers
Recognises Parliament as the supreme law maker
Disadvantages of the literal rule
Creates awkward precedents which require Parliamentary time to correct
Fails to recognise the complexities and limitations of English language
Undermines public confidence in the law
Mischief rule
The mischief rule of statutory interpretation is the oldest of the rules. The mischief rule was
established in Heydon's Case [1584] EWHC Exch J36 Case summary. In Re Sussex Peerage,
it was held that the mischief rule should only be applied where there is ambiguity in the
statute. Under the mischief rule the role is to suppress the mischief the Act is aimed at and
advance the remedy.
Royal College of Nursing v DHSS [1981] 2 WLR 279
The Royal College of Nursing brought an action challenging the legality of the involvement
of nurses in carrying out abortions. The Offences Against the Person Act 1861 makes it an
offence for any person to carry out an abortion. The Abortion Act 1967 provided that it
would be an absolute defence for a medically registered practitioner (ie a doctor) to carry out
abortions provided certain conditions were satisfied. Advances in medical science meant
surgical abortions were largely replaced with hormonal abortions and it was common for
these to be administered by nurses.
1
