• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Statutory interpretation.

Extracts from this document...

Introduction

Statutory interpretation WHITLEY v CHAPPEL [1868]: a statute aimed at preventing electoral malpractice made it an offence to impersonate any person entitled to vote at an election. The accused was acquitted because he impersonated a dead person and the dead person was not entitled to vote. L&NE RAILWAYS CO v BERRIMAN [1946]: a railway worker was knocked down and killed by a train, and his widow attempted to claim damages. The relevant statute provided that this was available to employees killed while engaging in relaying or repairing tracks. And since the dead man had been doing routine maintenance and oiling, which the court held did not come within the meaning o relaying and repairing so the widow could not claim damages. FISHER v BELL [1961]: after several violent incidents in which the weapon used was a flick-knife, parliament decided that these knives should be banned. ...read more.

Middle

It was pointed out that it was impossible for a person already marries to marry someone else - they might go through the marriage ceremony, but would not actually be married. Using the literal rule it would make the statute be interpreted to mean shall go through a marriage ceremony. MADDOX v STORER [1963]: under the road traffic act 1960, it was an offence to drive at more that 30mph in a vehicle adapted to carry more than seven passengers. The vehicle in the case was a minibus made to carry seven passengers, rather than altered to do so, and the court held that adapted to could be taken to mean suitable for. SMITH v HUGHES [1960]: the street offences act 1958 made it a criminal offence for a prostitute to solicit potential customers in a street or public place. ...read more.

Conclusion

ROYAL COLLEGE OF NURSING v DHSS [1981]: the 1967 abortion act stated that termination of pregnancy was legal only if performed by a registered medical practitioner. By 1972, surgical abortions were largely being replaced by drug induced ones, in which the second stage of the process was carried out by nurses, under the instructions of a doctor. The House of Lords ruled that the mischief, which the act sought to remedy, was the uncertain state of the previous law, which drove many women to dangerous back-street abortionists. It sought to do this by widening the grounds in which abortions could be obtained, and ensuring that there were carried out with proper skill in hygienic conditions and the procedure in question promoted this aim, and was not unlawful. It was a controversial with Lords Wilberforce and Edmund Davies claiming that the House was not interpreting legislation but rewriting it. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Sources of Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Sources of Law essays

  1. Statutory Interpretation

    There are some judicial efforts, notably done by Lord Denning, to improve interpretative techniques. Writing- extra judicially, Lord - Denning agrees the object of statutory interpretation is to discover the intention of the parliament. But he argues that the actual words used in the statue are only the starting point and not the finishing point.

  2. Statutory Interpretation

    * Allen had gone through the wedding ceremony with one woman whilst still being married to another woman * The offence was "Whosoever, being married, shall marry any other person during the life of the former husband or wife" is guilty of bigamy * Offences against the person act 1861

  1. Statutory interpretation

    Then in (Pepper v Hart, 1993), judges allowed the use of Hansard but restricted it. The restrictions meant that Hansard could only be used if the meaning of an act was unclear and that a judge could only look at the parts where the minister for the relevant bill had spoken.

  2. Statutory Interpretation

    Since the legal meaning of "marry" was impossible, the more general meaning of going through a ceremony of marriage was given to the word. In Re Sigsworth (1935), the golden rule was applied to avoid repugnant situations, where the defendant stood to gain from his own crime.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work