Statutory Interpretation Flashcards
(34 cards)
What is statutory interpretation?
Statutory interpretation is the process of determining the meaning and application of legislation when the wording of a statute is unclear or ambiguous.
What are the three main approaches to statutory interpretation?
The three main approaches to statutory interpretation are the literal rule, the golden rule, and the mischief rule.
Explain the literal rule of statutory interpretation.
The literal rule requires the courts to give the words in a statute their plain, ordinary, and literal meaning, even if the outcome seems absurd or contrary to the intentions of the lawmakers.
Discuss the golden rule of statutory interpretation.
The golden rule allows the court to depart from the literal meaning of a word or phrase if it leads to an absurd or unreasonable result. The court will choose an alternative interpretation that is within the limits of the language.
What is the mischief rule of statutory interpretation?
The mischief rule focuses on determining the “mischief” or problem that the statute was designed to remedy. The court will interpret the statute in a way that suppresses the mischief and advances the remedy.
How does the purposive approach differ from the literal, golden, and mischief rules?
The purposive approach looks beyond the plain meaning of the words and considers the underlying purpose or intention of the legislation. It allows the court to interpret the statute in a way that best achieves the legislative intent.
What is the role of the court in statutory interpretation?
The court’s role is to interpret legislation and give effect to the intention of Parliament. The court must balance the literal meaning of the words with the legislative purpose and choose an interpretation that is most consistent with the overall objectives of the statute.
What are the aids to statutory interpretation?
Aids to statutory interpretation include extrinsic materials such as the legislative history, parliamentary debates, and the purpose of the legislation. The court may also consider common law principles, previous judicial decisions, and the context in which the statute was enacted.
What is the mischief rule of statutory interpretation? Provide an example.
The mischief rule focuses on determining the problem or mischief that the statute was intended to remedy. The court will interpret the statute to suppress the mischief and advance the remedy. For example, in Smith v. Hughes (1960), the court applied the mischief rule to interpret the term “street” in a statute to include a balcony, as the purpose of the legislation was to regulate soliciting for the purpose of prostitution, regardless of the location.
Explain the ejusdem generis rule in statutory interpretation.
The ejusdem generis rule states that where general words follow specific words in a list, the general words should be interpreted to include only similar items within the same category. This rule helps to avoid the interpretation of general words in a way that would extend the scope of the statute beyond what was intended.
What is the purposive approach to statutory interpretation? How does it differ from other approaches?
The purposive approach focuses on discerning the underlying purpose or intention of the legislation. It looks beyond the literal meaning of the words and aims to interpret the statute in a way that best achieves the legislative intent. Unlike the literal, golden, and mischief rules, the purposive approach allows the court to depart from the strict language of the statute if necessary to give effect to the purpose.
What is the role of extrinsic materials in statutory interpretation?
Extrinsic materials, such as legislative history, parliamentary debates, and reports of law reform bodies, can be used as aids to interpret legislation. They provide additional context and insight into the legislative intent and can assist the court in determining the meaning and application of a statute.
Discuss the role of precedent in statutory interpretation.
Precedents, which are previous court decisions, can play a significant role in statutory interpretation. If there is a binding precedent on the interpretation of a particular provision, the court is generally obliged to follow it. Precedents can help establish consistent interpretations and provide guidance to courts when interpreting statutes.
Explain the rule of noscitur a sociis in statutory interpretation.
The rule of noscitur a sociis states that the meaning of a word is determined by the company it keeps. It allows the court to interpret an ambiguous word in light of the other words or terms used in the same statutory provision, taking into account the context and the overall scheme of the legislation.
What is the plain meaning rule in statutory interpretation?
The plain meaning rule requires the court to give the words in a statute their ordinary and natural meaning, without resorting to other interpretative techniques or considerations. It emphasizes the importance of interpreting legislation based on the ordinary sense of the language used.
Discuss the role of the legislative intent in statutory interpretation.
The legislative intent refers to the purpose or objective that the lawmakers sought to achieve through the legislation. It plays a crucial role in statutory interpretation as the court’s primary goal is to give effect to the intention of Parliament when interpreting the statute.
Explain the rule of expressio unius est exclusio alterius in statutory interpretation.
The rule of expressio unius est exclusio alterius means that the expression of one thing implies the exclusion of another. If a statute expressly includes certain items or matters, it implies the exclusion of others that are not mentioned. This rule helps to limit the scope of a statute to the matters explicitly stated.
What is the rule of absurdity in statutory interpretation?
The rule of absurdity allows the court to depart from the literal meaning of a statute if applying it strictly would lead to an absurd or irrational result. The court may choose an alternative interpretation that avoids the absurdity and aligns with the overall purpose and intent of the legislation.
How does the court deal with drafting errors or mistakes in statutes during interpretation?
When faced with drafting errors or mistakes in statutes, the court will apply the doctrine of “reading down” or “reading in” to rectify obvious errors and give effect to the intended meaning. The court will endeavor to interpret the statute in a way that corrects the mistake and reflects the lawmakers’ true intention.
What is the role of the context in statutory interpretation?
The context in which a statute was enacted provides valuable clues about its meaning and purpose. The court will consider the broader statutory framework, other provisions of the legislation, and the social, political, and historical context to understand the intended scope and application of the statute.
Explain the rule of the last antecedent in statutory interpretation.
The rule of the last antecedent states that qualifying words or phrases should be applied to the words or phrases immediately preceding them, rather than to more remote or general words. This rule helps in determining the precise application of specific terms within a statutory provision.
Discuss the importance of the legislative history in statutory interpretation.
The legislative history, including the parliamentary debates, committee reports, and the process leading to the enactment of a statute, can provide valuable insights into the purpose, intent, and policy considerations underlying the legislation. Examining the legislative history can aid in understanding the rationale behind specific provisions and help guide the court’s interpretation.
How does the court reconcile conflicting interpretations of a statute in different cases?
When there are conflicting interpretations of a statute in different cases, the court may have to consider the reasoning and analysis of each interpretation and choose the one that best aligns with the legislative intent and purpose. The court may also consider the hierarchy of courts and binding precedents to determine which interpretation should prevail.
What is the “literal rule” of statutory interpretation? Provide a case example.
The literal rule requires the court to give words their ordinary and literal meaning. In Fisher v. Bell (1961), the court applied the literal rule and held that displaying goods in a shop window with a price tag did not constitute an offer for sale. The court emphasized that the display was merely an invitation to treat, not a legally binding offer.
