Beruflich Dokumente
Kultur Dokumente
By Dr Peter Jepson.
• Strode’s College Laws students are free
to make use of ‘Pdf Print files’ for study
Your should ‘read
purposes (they should print them off and précis’ this area
and take them to class). of law from a
• Others should ask before copying textbook such as
or using these ‘Pdf Print Files’. ‘The English Legal
System’ by
• Copyright of Dr Peter Jepson - Jacqueline Martin.
law@peterjepson.com
PRECIS NOTES WILL BE CHECKED
1
Rules of Language … Powell v Kempton Racecourse …
• If a list is followed by general words, the • Powell v Kempton Racecourse
general words are interpreted in the context (1899).
of the list … Powell v Kempton
Racecourse (1899). • The words 'other place' were held to
• If there are no general words at the end of a mean 'other indoor place' because the
list, only things in the list are covered by the list referred to a 'house, office, room or
legislation. This is called expressio unius other place' and 'house', 'office' and
exclusio alterius (the expression of one, 'room' are all indoors.
excludes others). • This is known as the ejusdem generis
rule.
2
ECHR compatibility … The Literal Rule
• If legislation is not compatible – the • The role of the judge is to apply the law
Judge notifies the Govt Minister and
leaves it to him/her. – not make it.
• This interpretive approach, because it is • The only difficulty is in deciding what
laid down by Parliament, takes Parliament has said…
precedence over common law methods. • To help determine the judges use aids
But it does not make common law that help clarify precisely what
approaches redundant. For example, Parliament has said …
the relevant Q of law may not involve a
human rights issue. See Page 92 of ‘The ELS’ - answer the Q’s.
3
Whiteley v Chappell [1868] R v Judge of the City of London
Court [1892]
• D was charged under a section which
made it an offence to impersonate ‘any • In this case, Lord Esher said, in
person entitled to vote’. applying a literal approach …
• D had voted using a dead person’s • “If the words in the Act are clear then
name. you must follow them even if they lead
• The Court held D was NOT guilty since to a manifest absurdity. The court has
a dead person is not, in the literal nothing to do with the question of
meaning of the word, ‘entitled to vote’. whether the legislature has committed
an absurdity.”
4
Hayden’s Case (1584) Smith v Hughes (1960)
• Prostitutes charged with soliciting on
There are four points a Court should consider …
the streets contrary to the Street
• 1. What was the common law before the Act? Offences Act 1958.
• 2. What was the mischief and defect which the • Defence made that they were inside a
common law did not provide?
building and tapping on a window to
• 3. What is the remedy Parliament have attract men (thus not on the street).
resolved?
• Despite such, the Court applied the
• 4. The true reason of the remedy. Mischief Rule and found them guilty
The Judges should then suppress the mischief because the SOA Act 1958 was
and apply the remedy. designed to prevent prostitution.
27
Purposive Approach
Purposive Approach
• EU link. Looks at the purpose behind
the legislation so as to give effect to • Used in Pickstone v Freeman in relation
that purpose. to equal treatment. Also in R v Registrar
General ex parte Smith (1990).
• Case of Pepper v Hart (1993) enables
courts to look at Hansard where they • Note however, Cutter v Eagle Star
consider the law is ambiguous. (1998) and the caution, or
conservatism, when it comes to
• From 1999 a set of explanatory notes
changing the law
are issued with each Bill – these are
designed to assist understanding and • See Page 96 of ‘The ELS’ for a case
are not part of the Act. example
5
R v Registrar General ex parte
Pickstone v Freeman (1988)
Smith (1990).
In Pickstone v Freeman (1988) the Court
of Appeal held that Article 119 of the • s.51 of the Adoption Act 1976 enables a
Treaty of Rome on equality of person to obtain a birth certificate when
treatment for men and women was 18 – subject to certain conditions.
clear and could be applied directly.
Thus, they assumed that Parliament’s
intent was to comply with EU law.
6
What should students
do next?
• Do the Statutory Interpretation
‘Prostitutes Exercise’ exercise.
• See the Intranet and/or handout for
these materials.