Statutory Interpretation Flashcards
(15 cards)
What is statutory interpretation?
Sometimes, statutes have ambiguity in the language and society changes, so statutes are applied to issues that legal draftspeople could not have foreseen
English legal drafting aims to make statutes both general and precise at the same time, to cover every eventuality
What are ‘rules of construction?’
Construction = interpretation
These rules act as guidance for judges when deciding the meaning of legislation
Interpretation is required to ensure a fair and just result
There are 4 rules of construction.
What is the literal rule?
Words in a statute must be given their plain, ordinary meaning
If the words are clear, they must be applied, even if the intention of the legislator may have been different or the results are harsh or undesirable
- Oldest rule of construction and has common use today
Usually acts as a starting point for interpretation, as judges will strive to give effect to the apparent and obvious meaning of an Act
- The issue is that the application of the rule can defeat Parliament’s intention and lead to absurd results
- However, if Parliament does not like the literal interpretation, they can always amend the legislation as they are supreme
There are 4 rules of construction.
What is the golden rule?
Adaptation of the literal rule
Where there are 2 or more meanings to a word, they should be given their ordinary meaning as far as possible, but only to the extent that they do not produce an absurd result
The rule can apply in a narrow sense, where the court picks an interpretation which they feel will avoid an absurd result, of the two available meanings
The rule can also apply in a wider sense, where a result that goes against principles of public policy, even where words only have one meaning
There are 4 rules of construction.
What is the mischief rule?
This rule requires ascertaining the legislator’s intention to determine what mischief or defect in the existing law, did the statute intend to remedy?
Mischief refers to the need to avoid harm or a wrong
There are 4 rules of construction.
What is the purposive approach?
More modern approach which has replaced the mischief rule in relevance
This approach involves judges looking at the reasons why a statute was passed and its purpose, even if it means departing from the ordinary meaning of the words
Important approach, as it strongly implies that court should consider wider economic or social questions when assessing legislative meaning
How should legislation be interpreted in line with the Human Rights Act?
S3 states - ‘so far as it is possible to do so, primary and subordinate legislation must be read and given effect in a way that is compatible with Convention rights’
- If the court cannot achieve this, they can make a declaration of incompatibility
What are ‘rules of language?’
These are general principles for judges and lawyers to consider when interpreting legislation
When considering rules of language, don’t ignore rules of construction
What is the ‘Noscitur a sociis’ rule of language?
Recognition by associated words
- Other words in a sentence may help interpret legislation
What is the ‘Eiusdem generis’ rule of language?
Of the same kind or nature
- If a general word follows two or more specific words, the general word will only apply to items of the same type as the specific words
What is the ‘Expressio unius est exclusio alterius’ rule of language?
To express one is to exclude others
- Mention of one or more specific things may be taken to exclude others of the same type
- Applies where a list of words is not followed by general words
What are some of the intrinsic aids of interpretation?
Other aids can be used alongside rules of construction and rules of language
Statute itself – statute must be read as a whole and words read in context
- Marginal notes of an Act are not normally relied on by courts, as they aren’t debated in Parliament
Interpretation sections etc
What are some of the extrinsic aids of interpretation?
Other aids can be used alongside rules of construction and rules of language
These are aids outside the statute
1) Dictionary
2) Other statutes
3) Hansard – reporting system of Parliamentary proceedings
4) Academic sources – established textbooks and commentaries
When can Hansard be used as a extrinsic aid?
Pepper v Hart decided that courts can refer to Hansard if:
- (a) the statute is ambiguous or obscure, or its literal meaning leads to an absurdity; and
- (b) the material consists of clear statements by a minister or other promoter of the Bill
Applies to statements made by ministers responsible for guiding legislation through Parliament, not statements by backbench MPs
How do presumptions work to aid interpretation?
These can be used in addition to rules and aids
A presumption is an understanding by judges and the legal profession that a certain rule applies
- No need to prove the rule or establish its source
Possible to rebut a presumption, but it requires bringing strong evidence that shows Parliament had a different intention
- Example – presumption against retrospective operation of statutes and presumption against alteration of common law (unless statute states otherwise)
