Legislation & Statutory Interpretation Flashcards
How is an Act of Parliament structured?
(a) Royal Coat of Arms
(b) Short title
(c) Year & chapter number (statute’s unique reference number)
(d) Long title (describes purposes of the Act)
(e) Date of Royal Assent
(f) Enacting formula (formally worded paragraph to confirm that the statute has passed all the relevant legislative processes)
(g) Part / chapter (each of which is described by a note)
(h) Sections
(i) Section addressing matters of general interpretation, commencement of statute, application & extent
(j) Any schedules
How is an Act of Senedd structured?
Short title
Long title
Enacting formula (‘Having been passed by Senedd Cymru and having received the assent of His Majesty, it is enacted as follow’)
Main body
Coming into force (commencement)
Any schedules
Explanatory notes
What are the four most common methods of statutory interpretation?
- Literal rule
Words given their plain & ordinary meaning - Golden rule
If a word is capable of more than one meaning, can choose the meaning which does not produce an absurd result (narrow)
Even where word has only one meaning, can interpret it in a way that avoids a result that is obnoxious to public policy (wide) - Mischief rule
Court considers what mischief or defect in the existing law the statute was intended to remedy (ie. what was the original purpose)
Nb. Can only look at the statute itself to ascertain purpose & only applied where statute enacted to rectify gap in common law - Purposive rule
Court considers the reasons why the statute was passed & its purpose - will interpret the statute on that basis
(Wider than mischief rule because can apply where area of law previously covered by statute, can use extrinsic evidence + social & economic context of statute)
What is the literal rule of statutory interpretation?
Words must be given their ordinary & plain meaning
What is the golden rule of statutory interpretation?
Where word has more than one meaning, can choose meaning which does not produce absurd result
Where word has only one meaning, can interpret it in a way that avoids result which is obnoxious to public policy
What is the mischief rule?
What mischief or defect in the existing law was the statute intended to remedy
What is the purposive rule?
Court considers why the statute was passed & its purpose - will interpret the statute on that basis
What are some of the presumptions the courts use when interpreting statutes? (7)
(a) Against alteration of the common law
- Unless statute expressly states intention to alter common law, interpretation that doesn’t alter existing law will be preferred
(b) Against the retrospective operation of statutes
- ie. Presumed statute only applies to future actions
(c) Against criminal liability without guilty intention
- If statute creates new criminal offence, presumed that defendant must have a guilty mind (mens rea) to be convicted (unless clear offence one of strict liability)
(d) Against deprivation of the liberty of the individual
- If two possible constructions - one in favour of defence & other in favour of prosecution - the one which favours the defence should be used (unless Parliament intends the opposite)
(e) Against deprivation of property or an interference with private rights
(f) Against binding the Crown
- ie. Unless clear statement otherwise, presumed not to apply to the Crown
(g) Against ousting the jurisdiction of the courts
What are some of the aids to statutory interpretation used by judges when meaning is not clear?
INTRINSIC: Court can use anything found within the same statute to aid interpretation
(Statute read as a whole & in context; interpretation sections)
EXTRINSIC: Things outside the statute
- Dictionaries
- Interpretation Acts (definitions of commonly found words)
- Other statutes
- Hansard if (a) the statute is ambiguous or the literal meaning leads to absurdity AND (b) the material in Hansard consists of clear statements by a Minister or other promoter of the Bill
& other possible sources such as speeches, academic tracts, well-known law books etc.
What is the intrinsic evidence rule?
Court can use anything found within the same statute to aid interpretation
ie. Statute must be read as a whole & in context; find & read the interpretation sections
When can the courts use Hansard as an interpretation aid? (Pepper v Hart)
(a) If the statute is ambiguous or the literal meaning led to absurdity
AND
(b) The material in Hansard consists of CLEAR statements by a Minister or other PROMOTER of the bill
What are some extrinsic aids to statutory interpretation?
Interpretation Acts (definitions of commonly found words)
Dictionaries
Other statutes
Hansard - if:
(a) Statute is ambiguous or literal meaning leads to absurdity; and
(b) Material in Hansard consists of clear statements by the Minister or other promoter of the Bill
What are some of the common rules of language used when interpreting statute?
Noscitur a sociis (recognition by associated words)
Eisudem generis (of the same kind or nature)
- 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 words
Expressio unius est exclusio alterius (expressing one thing excludes another)
- Mention of one or more specific things may be taken to exclude others of the same type
- Applies where there is a list of words that is not followed by general words
What is the doctrine of habeas corpus?
No one can be detained without lawful reason
What is a Hybrid Bill?
A Hybrid Bill is one which concerns both matters of public importance and matters which directly affect private entities such as companies
(ie. mixture of Public Bill & Private Bill)
