Sources of law: statutory interpretation

Question 1

What is the primary role of the judiciary?

Answer 1

To apply the law

Question 2

What are the ‘rules’ of statutory interpretation?

Answer 2

• literal rule
• golden rule
• mischief rule
• purposive approach

Question 3

Which is the first rule to be applied?

Answer 3

The literal rule

Question 4

What is the literal rule?

Answer 4

It requires the courts to interpret statutes in a literal manner. The judges give the words used in the statute their usual/ordinary meaning

Question 5

What is the golden rule?

Answer 5

It requires the courts to use the ordinary and literal meaning unless it would produce an absurd or repugnant outcome.

Question 6

What is the mischief rule?

Answer 6

It permits the judge to consider the ‘mischief’ that a statute was designed to remedy and interpret the statute in such a way as to address that mischief

Question 7

What is the purposive approach?

Answer 7

The courts consider the purpose of the Act when interpreting the meaning of a provision within the statute

Question 8

What are the rules of language?

Answer 8

• Ejusdem generis
• Expressio unius est exclusion alterius
• noscitur a sociis

Question 9

What does ejusdem generis mean?

Answer 9

‘of the same type’ - if an Act includes specific words that are followed by general words, the general words are taken to refer only to things of the same kind

Question 10

What does expressio unius est exclusion alterius mean?

Answer 10

‘to express one thing is to exclude others’ - if an Act expressly lists certain things this implies other things are excluded

Question 11

What does noscitur a sociis mean?

Answer 11

‘known by the company it keeps’ - the words used within a statute derive meaning from the words surrounding them

Question 12

What does it mean by the courts also apply various common-law presumptions when interpreting statute?

Answer 12

The courts begin by presuming certain things are implied in all statutes. These are:
1. statutes do not alter the common law
2. statutes do not bind the Crown
3. statutes do not operate/apply retrospectively
4. it is presumed that mens rea is a requirement for all statutory criminal law questions

Question 13

When can the common-law presumptions be rebutted?

Answer 13

If the Act expressly goes against one of the presumptions

Question 14

What internal aids can Judges refer to to assist them in interpreting a particular provision of a statute?

Answer 14

• short title
• long title
• preamble
• marginal notes
• punctuation
• schedules
• examples within the act

Question 15

What external aids can Judges refer to to assist them in interpreting a statute?

Answer 15

• dictionaries
• Interpretation Act 1978
• explanatory notes
• hansard
• academic writing
• treaties and conventions

Question 16

When are Judges allowed to refer to Hansard to assist them interpreting a statute?

Answer 16

All three requirements are needed (rule in Pepper v Hart)
1. the case involves legislation that is ambiguous or obscure or leads to an absurdity
2. the material relied on consists of statements made in Parliament by ministers or other promotors of the Bill
3. the statements relied upon are clear and can assist the court in construing the relevant legislation