Ch 3: Statutory Interpretation Flashcards
What is the Literal Rule when interpreting Statute?
Words must be given their plain ordinary and literal meaning.
If the words are clear they must be applied regardless of consequence.
What are the 3 Rules of Construction when Interpreting Statute?
The Literal Rule
The Golden Rule
The Mischief Rule
(+the Purposive Approach)
What is the Golden Rule?
Narrow:
Where there are two meanings to a word or words they should be given their ordinary meaning as far as possible - but only to the extent they do not produce an absurd result.
Wide:
Where an interpretation produces an absurd result, this should be avoided.
What is the Mischief Rule?
The interpreter of statute should ascertain the Legislator’s intent
What is the Purposive Approach?
Where judges look at the reasons why the statute was passed and its purpose even if that means distorting the meaning of words.
What are the 3 Rules of Language when interpreting statute?
Eiusderm Generis (of the same kind)
Noscitur a sociis (known by the company it keeps)
Expressio Unius est Exclusio Alterius (expressing a thing excludes another)
What is Noscitur a sociis?
A word derives meaning from surrounding words
What is Eiusderm generis?
If a general word follows two or more specific words, that general word will only apply to items of the same type as the specific word.
What is Expressio unius exclusio alterous?
Mentions of one or more specific things may be taken to exclude others of the same type.
What are Intrinsic Aids to Iinterpretation ?
Any words within the statute which were debated within parliament. Titles, Preamble, Headings.
Margin notes are not intrinsic aids.
What are examples of Extrinsic Aids?
Interpretative Acts
Dictionaries
Hansard
Other Statutes
What are some common presumptions when interpreting statute?
- Against alteration of the common law
- Against retroactive application of statute
- Against criminal liability without intent
- Against deprivation of liberty of individual
- Against binding the crown
Explain the typical 4 steps of interpretation of statute?
- Start with literal approach
- Consider context and apply purposive approach if appropriate
- Support with rules of language
- Keep presumptions in mind
What is the difference between the mischief rule and the purposive approach?
The mischief rule looks back at what “mischief” is being targeted for remedy.
The purposive approach looks forward at the overall outcome a statute intended to bring about
What is Lord Bingham’s view of the modern approach to statutory interpretation (as stated in Quintavalle)
The courts task, within the permissible bounds of interpretation, is to give effect to Parliament’s purpose. So the controversial provisions should be read in the context of the statute as a whole and the statute as a whole should be read in the historical context which led to its enactment.
