Methods of Interpretation and Case Law

Question 1

What are the 8 methods of interpretation?

Answer 1

1. Grammatical
2. Interpretation method using legislative history
3. Systematic
4. Historical
5. Anticipatory
6. Teleological
7. Comparative
8. Interpretation in conformity with treaty law

Question 2

What is the main rule of interpretation in English law?

Answer 2

The literal rule (grammatical interpretation).

Question 3

What is ‘casus ommissus’?

Answer 3

It is when a legislator fails to provide a legal provision for a certain case.

Question 4

When are the 3 types of legal reasoning applied, and what are they?

Answer 4

They are applied in casus ommissus.

1. Analogy: a legal rule is applied in a situation that is not directly covered by the letter of the law but is very similar
2. A contrario
3. Legal refinement

Question 5

In Dutch law, when is reasoning by analogy prohibited, and what may be the alternative?

Answer 5

It is prohibited in criminal law. Instead, extensive interpretation may be applied.

Question 6

What is the difference between interpretation by analogy and extensive interpretation?

Answer 6

Interpretation by analogy hypothesises a new provision based on an existing provision.

Extensive interpretation stretches the terms of existing provisions.