Chapter 2: Sources of law and interpretation of statute (interpreting statute and Human Rights) Flashcards
What are the three main sources of interpreting statute?
Rules
Presumptions
Other Aids - Intrinsic and extrinsic
Rules of interpretation - The Literal Rule
Give words their everyday dictionary meaning.
Rules of interpretation - The Golden Rule
Golden rule to be applied to avoid absurdity when applying the literal rule.
Rules of interpretation - The Purposive approach
Looks at the bigger picture
Rejects the limitation of the judges’ search for the meaning to the literal construction of the words of legislation itself.
Interpretative role
Rules of interpretation - The Mischief rule
This rule permits the court to go behind the actual wording of a statute in order to consider the problem that the statute is suppose to remedy.
Rules of interpretation - Ejusdem Generis
When general words follow specific words the general words must be interpreted by reference to the specific words. E.g cats, dogs and other animals could be interpreted to include conventional family pets such as rabbits but not lions and tigers
Rules of interpretation - Expressio unius exclusio alterius
The principle Expressio unius exclusio alterius: the express mention of one or more things of a particular class may be regarded as impliedly excluding others. A list of words in statute are not followed by general words.
Rules of interpretation - Contextual rule
Construe words in the context in which they are used, by considering the whole statue is necessary.
Presumptions of interpretation
7 presumptions
common law
deprived of property
liberty
retrospective effect
bind the
criminal liability without
repeal other
Does not alter the existing common law (unless the statute unambiguously sets out its intention)
People will not be deprived of property
Not intended to deprive a person of his liberty
Does not have retrospective effect
Does not bind the crown
Does not impose criminal liability without proof of guilty intention
Does not repeal other statute
Other interpretation aids - Intrinsic
Long title act
Preamble
Interpretation section of the act
Side notes in the margin of act
Other interpretation aids - Extrinsic
The interpretation act
Reports of law commission and other offical committees
Hansard (offical journal of parliamentry debates)
Dictionary
Human rights - convention rights
Right to life
Prohibition of torture
No slavery or forced labour
Right to liberty and security
Right to a fair trial
No punishment without law
Freedom of thought
Freedom of expression
Freedom of assembly and association
Prohibition of discrimination
