Rules of Language and Statutory interpretation Flashcards
What is the literal rule?
Court applies the ordinary meaning of words to a statute
Used when the words in the statute are clear and must apply ordinary meaning, even if intention of legislator may have been different, or judgement is harsh
What is the Golden Rule?
When the court uses something other than a word’s ordinary meaning to avoid an absurd result
Eg. A statute makes it an offence to be in the vicinity of a commercial airport hangar without prior authorisation. A woman is found in a commercial hangar (so not technically ‘in the vicinity’.). The judge nevertheless finds the woman guilty of the offence
What is the Mischief Rule?
The court looks at the problem the statute was designed to remedy.
Eg. A law prohibits a person from selling illegal drugs in the street or any public place. A woman was arrested for selling illegal drugs in her home. The judge interpreted the statute as including selling illegal drugs from a private home.
What is the Purposive Approach?
The court looks at documents extraneous to the statute to determine why the statute was passed.
Eg. a judge looks at Hansard (content of parliamentary debates) when trying to interpret a statute.
What is the rule of Ejusdem generis ?
Where ambiguous general words in a statutory section** follow specific words, the general word should be interpreted as **referring to things of the same type as the specific words
What is the rule of noscitur a sociis
Words interpreted by the company they keep - ambiguous words in a statutory section should be interpreted in the context of that section
What is the rule of Expressio unius est exclusio alterius
If the statute lists **specific items of a class without a general catch all **(eg popcorn, ice cream and/or sweets), the other items of the same class are impliedly excluded (we accept that the statute meant to exclude the others)
What is the rule of In Pari Materia?
Ambiguous words in a statutory section should be interpreted consistently witht the same words in statutes touching on the same matter
Clue for this one - where judges look at other statutes
