Statutory Interpretation Flashcards
Name the approaches to statutory interpretation?
Literal Rule
Golden Rule
Mischief Rule
Purposive Rule
What is the Literal Rule of interpretation?
If words have clear meaning, court applies the literal meaning of the statute. If there is ambiguity, apply the ordinary meaning
What is the Golden Rule of interpretation?
If applying the Literal Rule yields an absurd result, look for a different meaning of a word
What is the Mischief Rule of interpretation?
Looking at the mischief/issue that the statute is trying to resolve and interpreting words to give achieve that result
What is the Purposive Rule of interpretation
Linked to Mischief Rule, looks at WHY - purpose of the act and its aim. Looks at intrinsic and extrinsic evidence
What are Hansard and Commons Briefing Papers
Extrinsic evidence available since 1999
Hansard = content of debates
Commons Briefing Papers =
Name the rules of language used in statutory interpretation?
Euisdem Generis
In Pari Materia
Noscitur a Sociis
Expressio Unius est Esclusio Alterius
Describe the Ejusdem Generis rule?
‘of the same type’ - A general word following two or more words describing specific things/class of things refers to only those things/classes of things
If a law refers to cars, bikes, trucks and motor powered vehicles, the word vehicles refers to land-based transportation. What rule of language is used to determine this?
Ejusdem Generis
Describe the In Pari Materia rule?
‘of the same type’ - look to statute dealing with the same subject matter to interpret the words in question
Describe the Expressio Unius est Exclusio Alterius rule?
‘expression of one thing is the exclusion of another’ - where two or more things are expressly mentioned, things that are not mentioned are excluded
Describe the Noscitur a Sociis rule
‘word is interpreted by the company it keeps’ - look to the context in which word is used to interpret its meaning
What are the rebuttable presumptions
Presumption against statutes altering the common law
Presumption against removing court’s jurisdiction
Presumption that ambiguity in a criminal case falls in favour of defendeant
Presumption that statutes don’t apply retrospectively
What are the two aids to interpretation
Extrinsic (external) evidence like dictionaries, Hansard and explanatory notes
Intrinsic (internal) evidence by looking at the statute itself (Short Title, Long Title, Preamble, Marginal Notes, Punctuation, Example and Schedules).
