Stat interp Flashcards
(7 cards)
The theoretical approaches to stat interp.
1) The literal/plain meaning approach
2) The golden rule
3) The mischief approach
Specific interpretation techniques.
Noscitur a sociis
Ejusdem generis
Expressio unius est exclusio alterius
Generalia specialibus non derogant
Noscitur definition
Word taking its meaning from surrounding words.
Surrounding words colour the word’s meaning.
Example: Riotous, violent, indecent behaviour.
Ejusdem definition.
General ‘catch all’ words can mean anything but in context they form their meaning from surrounding words.
Example: Any tobacco, money, letter or any article or thing whatsoever. Gun doesn’t fall into the category using this rule.
Expressio definition.
If specific words are used, other specific examples are not going to be covered.
Express inclusions can give rise to implied exclusions.
Example: Any land, houses and coal mines. Gold mine doesn’t apply to ‘any land’ using this rule.
Generalia definition.
If more than one provision looks like it can cover the situation, go with the more specific.
The specific excludes the general.
How legislation is passed.
Introduction
First reading
Select committee
Second reading
Committee of the whole house
Third reading and ‘passing’
Royal assent