Statutory interpretation Flashcards
Rules of construction - The literal rule
Words must be given their plain, ordinary and literal meaning. If the words are clear they must be applied even though the intention of the legislator may have been different
Rules of construction - The golden rule
Where there are two meanings to a word(s) they should be given their ordinary meaning as far as possible but only to the extent that they do not produce an absurd or totally obnoxious result
Rules of construction - The mischief rule
Requires the interpreter of the statute to ascertain the legislator’s intention. The court considers what ‘mischief’ or defect in the existing law the statute was intended to remedy. IF Q. MENTIONS AIM THEN IT’S MISCHIEF RULE
Rules of construction - The purposive approach
‘Taken over’ the mischief rule. Mainly used in EU law. The judges look at the reasons why the statute was passed and its purpose even if it means distorting the ordinary meaning of the words. The court must adopt a purposive approach in construing EU related legislation and in particular UK provisions that implement EU law.
Rules of construction - The impact of the HRs act
S. 3 HRs act provides that so far as it is possible to do so, primary and subordinate legislation must be read and given effect in a way which is compatible with the convention rights.
Rules of language - Noscitur a sociis (Recognition by associated words)
A word derives meaning from surrounding words.
Rules of language - Eiusdem Generis (Of the same kind of nature)
If a general word follows two or more specific words, that general word will only apply to items of the same types as the specific words. Any new item will be included in the statute only if it is of the same type as the specific words. Used for a list containing general words
Rules of language - Expressio Unius est Exclusio Alterius (Expressing one thing excludes another)
Mention of one or more specific things may be taken to exclude others of the same type. This rule applies where there is a list of words which is not followed by general words.
Aids to interpretation - Intrinsic aids (the use of the statute itself)
The statute must be read as a whole and the words read in context. Any words which have been debated by parliament are thus part of the statute. Marginal notes are not debated in parliament and therefore are not normally used
Aids to interpretation - Extrinsic aids (aids outside the statute itself)
Interpretation acts - give definitions of words commonly found in legislation.
Dictionaries
Other statutes
Hansard
Aids to interpretation - Extrinsic aids - Hansard
Hansard = official record of parliamentary debates. Pepper v Hart sets out when Hansard can be used - 1) When the statute is ambiguous 2) There is a parliamentary material recorded in Hansard consisting of clear statements by a government minister of the bill.
