Statutory Interpretation

Question 1

True or false:

The courts are allowed to interpret Acts of Parliament/ secondary legislation to fill gaps and explain what Parliament probably intended

Answer 1

True- although common law has developed rules to use when interpreting legislation to ensure doctrine of Parliamentary Supremacy is not trampled

Question 2

What is the ‘Literal Rule’ of interpretation?

Answer 2

If the words of a statute have a clear meaning, a court will apply the words as written.

However, if there is ambiguity, the courts will give the words their ordinary meaning. This applies even if the result is absurd.

Question 3

What is the ‘Golden Rule’ of interpretation?

Answer 3

Using the ordinary meaning of a word can sometimes produce an absurd result. To avoid absurdity, the courts may use a different meaning of a word.

The golden rule exists to smooth out the edges of the literal rule.

Question 4

What is the ‘Mischief Rule’ of interpretation?

Answer 4

Works backwards: Looks at the problem the statute was designed to remedy and adapts words of statue to achieve this result

Question 5

What is the ‘Purposive Rule’ of interpretation?

Answer 5

An accompaniment to the Mischief Rule, but it looks at WHY the statute exists, as well as what is hopes to achieve.

Extrinsic aids often used to assist this type of interpretation

Question 6

Explain the ‘Expressio Unius est Exclusio Alterius’ rule of language interpretation

Answer 6

‘Expression of one thing is the exclusion of another’

Listing a number of specific things within a specified class may be interpreted as impliedly excluding others of the same class

Question 7

Explain the ‘Noscitur a Sociis’ rule of language interpretation

Answer 7

‘A word is interpreted by the company it keeps’

When interpreting a statute, the courts will consider the context in which the word is used.

Question 8

Explain the ‘In Pari Materia’ rule of language interpretation

Answer 8

‘Upon the same matter or subject’

Applied where other statutes may assist with interpreting an ambiguity in the statute concerned

Question 9

Explain the ‘Ejusdem generis’ rule of language interpretation

Answer 9

‘Of the same type’

If a general word follows two (or more) specific words, the general word will apply only to items which are like the specific words

Question 10

Name some presumptions which relate to statutes

Answer 10

1. Presumption against allowing statutes to alter common law
2. Presumption against removing the court’s jurisdiction
3. Presumption that ambiguity in a criminal case will fall in favour of defendant
4. Presumption that statutes cannot be retrospectively applied

Question 11

Are presumptions rebuttable?

Answer 11

Yes

Question 12

What are ‘aids to interpretation?’

Answer 12

Tools available to the to the judiciary to assist when interpreting statute

Question 13

What are the two types of aids to interpretation?

Answer 13

1. Intrinsic aids (within the statute itself)
2. Extrinsic aids (outside of the statute)

Question 14

Can extrinsic aids be used before the judiciary have exhausted all intrinsic aids?

Answer 14

No- the statue must have been read as a whole, considering every word, before extrinsic aids can be used

Question 15

Name some intrinsic aids

Answer 15

1. Short title
2. Long title
3. Preamble
4. Marginal notes
5. Example
6. Schedules

Question 16

Name some extrinsic aids

Answer 16

1. Dictionaries
2. Explanatory notes
3. Hansard (official reports of Parliamentary debates)