Chapter 4 End-of-chapter questions

The interpretation of statutes
An environmental campaigner is seeking a judicial review of the actions of the Environment Agency in respect of marine conservation. Justice Hume is a High Court Judge. He is considering an Act of Parliament that was introduced to incorporate the UK's obligations under an international maritime treaty that was signed by the British Government earlier this year. Justice Hume has found a section that is particularly ambiguous and the section can be interpreted only in one of two ways. He is already aware of the main aim and purpose of the Act, as well as the wider context, but remains unsure of how to interpret this particular provision as it would have consequences for the Government's compliance with the international treaty. What should he do?

Vinny is arguing a case at the UK Supreme Court. She has just made a submission that adopting the literal rule to a particular section of an Act of Parliament is likely to produce an absurd result and should therefore be avoided. Which precise rule or approach is she asking the Court to adopt?

Nicola is an animal rights campaigner. She is continuing to fight against the occurrence of what she deems are illegal hunts in rural areas. She is revisiting her understanding of the Hunting Act 2004 and is looking at the part of the Act that provides a list of all exempt activities that are not banned under the Act. She finds the right part of the Act. What is this part of the Act known as?

A new Act of Parliament (fictional) is introduced that provides better protection and procedures for participants in sports that suffer head injuries. The precise provision in the Act refers to the sports to which the new rules apply. The provision states 'football, cricket, rugby and other such sports.' Kalpesh is asked by a senior solicitor to confirm whether the sport of snooker would be covered by the new legislation. In the course of researching the provision and interpreting 'other such sports', which of the following is Kalpesh likely to find most useful in deciding that snooker is not going to be covered by the new law?

John is a barrister practising in public law. He is conducting legal research into the new Environmental Conservation Act 2020 (fictional). He is confused by a particular section and wants to understand the provision in light of the Act's main aim and purpose. Which of the following aids to interpretation is he likely to find most useful?

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