Section B: Interpretation of Legislation Flashcards
Is an Act printed/online mean it is in force?
No a date must be stipulated. Also an Act may be in force, but the bit you are looking at may not be yet!
If no commencement date is stipulated when will the Act come into force?
The day after it receives Royal Assent
Can different parts of an Act come into force at different times?
Yes, certain parts of an Act can also be repealed (no longer in force)
What are the various approaches to help in interpreting legislation? (7 approaches)
1 - Reading the Act as a whole 2 - Giving words their ordinary meaning 3 - Use of the dictionary 4 - Terms of act 5 - Change of meaning over time 6 - Purposive approach 7 - Golden Rule
Explain the interpretation technique: Giving words their ordinary meaning?
Words of a statute will be given their ordinary meaning, but not if this will result in an absurd conclusion. (Only happens occasionally)
Explain the interpretation technique: Use of the dictionary?
Dictionary definition used to prove credibility. e.g. Owner of ship who was chartering the ship
Explain the interpretation technique: Terms of Act
When a word has a range of possible meanings, usually the everyday meaning of the words will be preferred. The courts may decide on which meaning best suits the context of the Act. e.g. Offer and invitation to treat
Explain the interpretation technique: Changing in meaning over time
Words must be interpreted so as to include contemporary meanings. E.g. “drive furiously any carriage” was riding a bike, but still convicted
Explain the interpretation technique: The purposive Approach
AKA the mischief rule. The meaning of an enactment must be ascertained from its text and in light of its purpose. (What is the Act trying to achieve). This is found reading the Act and looking at the purpose section (if there is one)
Explain the interpretation technique: The Golden Rule
On very rare occasions the courts may modify words of legislation to avoid absurdity, repugnancy or inconsistency.
How are the structure of statutes useful for interpreting legislation?
- Provides the contents
- Parts of Acts
- Sections and sub sections
How are the definitions within the legislation itself useful for interpreting legislation?
Many Acts contain a section (known as the interpretation section) which contains definitions/words/phrases within the Act
What is deeming provisions in terms of interpreting legislation
The word deem may be used in a definition to extend the meaning of a word beyond its usual meaning. e.g. road includes a beach
What are mandatory and direct provisions? (interpretation of legislation)
- Shall/must = is required
- May = discretionary
What does Provisos mean?
- “Provided that” or “provided however”
