Statutory Interpretation

Question 1

State the principal rules of statutory interpretation

Answer 1

The principal rules of statutory interpretation are as follows:

The literal rule
The golden rule
The mischief rule
The purposive approach

(1) An Act must be construed as a whole, so that internal inconsistencies are avoided.

(2) Words that are reasonably capable of only one meaning must be given that meaning whatever the result. This is called the literal rule.

(3) Ordinary words must be given their ordinary meanings and technical words their technical meanings, unless absurdity would result. This is the golden rule.

(4) When an Act aims at curing a defect in the law any ambiguity is to be resolved in such a way as to favour that aim (the mischief rule).

All of these are extrinsic aids and all are discretionary and up to the judge (they can always be used if desired but can also not be used at the judges discretion)

Question 2

State the 4 key rules of language

Answer 2

The 4 key Rules of Language which can be utilised to help solicitors use the language in a statute to resolve any ambiguity;

1. ‘ejusdem generis’
2. ‘expressio unius est exclusio alterius’
3. ‘in pari materia’
4. noscitur a sociis

Question 3

Explain the key different aids to statutory interpretation that the courts can utilise

Answer 3

Intrinsic aids;

Anything in the same act is ‘intrinsic’ therefore the first point of call is always the relevant statutory provision.

Extrinsic aids;

Courts can look beyond the statute using an almost limitless array of extrinsic aids in particular;

• The interpretation Acts; supplying general assumptions for interpreting statutes
• Dictionaries
• Explanatory notes
• Other statutes
• Hansard
• Previous cases; doctrine of precedent.

Question 4

What is statutory interpretation?

Answer 4

Statutory interpretation is the process by which courts interpret and apply legislation

Despite Parliament being the source of statutes the courts play the vital role in applying these statutes. In doing so they need to ascertain the intention of parliament in creating the statute.

Statutory interpretation is key in the UK as parliament was created in a common law system as opposed to civil law. In most civil law jurisdictions legislators aim for statutes to be comprehensive and continuously updated legal codes. These combine very general core principles which are often exhaustive codification detailed rules.

In common law jurisdictions the body of legislation like case law, tends to grow organically. It is rare for status to attempt to provide an answer for every situation in which a state may be relevant. The common law frequently fills the gaps left, intentionally or not, by legislators.

(Thus legislators give the knowledge they have and leave some issues in many areas of law or the courts to interpret and resolve)