Statutory Interpretation Flashcards
What is the literal rule?
If the words of the statute have a clear meaning, a court will apply the words as written. However, if there is some ambiguity, the court will give the words their ordinary meaning. If the words in the statute are clear, they must be applied in the way they are written, even though the intention of the legislator may have differed from the literal meaning or the judgment is harsh or undesirable.
What is the golden rule?
Sometimes, using the ordinary meaning of a word would give an absurd result. In such cases, to avoid the absurdity, courts may use a different meaning of a word.
What is the mischief rule?
The mischief rule works backwards; it looks at what problem the statute was designed to remedy and adapts the words of the statute to achieve this result.
What is the purposive rule?
An accompaniment to the mischief rule but it looks at the why - why the statute exists - as well as what it hopes to achieve. Judges may look at external aids, like the content of the debated on the Bill in Hansard and Commons briefing papers.
Expressio Unius est Exclusio Alterius
Expression of one thing is the exclusion of another. If one or more things of a class are expressly mentioned in a statute, the things not mentioned are excluded.
Noscitur a Sociis
The doctrine that a word is interpreted by the company it keeps. When interpreting a statute, courts consider the context in which a word is used, thereby using words in the same section of the statute to interpret the word.
In Pari Materia
Upon the same matter or subject. It can be applied where other statutes may assist with interpreting an ambiguity in the statute concerned.
Ejusdem Generis
Of the same type. It is used to interpret general words, meaning if a general word follows two (or more specific) words, the general rule will only apply to items that are like the specific words used.
What are some examples of presumptions used when interpreting the law?
- A presumption against allowing statutes to alter the common law
- A presumption against removing the court’s jurisdiction
- A presumption that ambiguity in a criminal case will fall in favour of the defendant
- A presumption that statutes cannot be retrospectively applied
NOTE: presumptions can be rebutted
What are intrinsic aids to interpretation?
The statute must be read as a whole - with every word being considered - before looking outside of the statute. This ensures the judiciary are as close to the intention of Parliament as possible. Examples are the short title, long title, preamble, marginal notes, punctuation, examples, and schedules.
What are extrinsic aids to interpretation?
Aids that exist outside of the statute itself but may be used to assist in interpreting any ambiguities, Examples are dictionaries, explanatory notes, and Hansard.
