STATUTORY INTERPRETATION

Question 1

Who has to interpret the law?

Answer 1

JUDICIARY

Question 2

Duty of judges in statutory interpretation?

Answer 2

To ascertain the real intention of the legislature

Question 3

To assist interpretation:
(5 answer)

Answer 3

1) Statutory rules

2) Common law rules of interpretation

3) Common law rules of language/presumption

4) The preambles of every legislations

5) Dictionaries, text book etc

Question 4

1) STATUTORY RULES

The judge will first refer to Interpretation Act 1948 and 1967

To assist the court by :

Answer 4

Providing the definitions for commonly used words and terms and its general directions

Question 5

2) COMMON LAW RULES OF INTERPRETATION

5 rules : LGMPC

Answer 5

1) LITERAL RULE
- give its literal or ordinary grammatical (in simple language, plain and ordinary) meaning

2) GOLDEN RULE
- modification of the literal rule and contemplates the actual modification of the language to overcome the defects of the Act from literal rule

3) MISCHIEF RULE
- the intention of the legislature

4) PURPOSIVE APPROACH
- extention of mischief

5) CONTEXTUAL RULE
- combination of all the rules

Question 6

3) COMMON LAW RULES OF LANGUAGE / PRESUMPTIONS

4 rules :

Answer 6

1) EJUSDEM GENERIS
- general. referring to things that are the same class/genus
- other, another, dan lain2

2) EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS
- express one thing to exclude anything else

3) NOSCITUR A SOCIS
- words draw meaning from the words around it

4) IN PARI MATERIA
- must be read together