Statutory Interpretation Flashcards
Statutory Interpretation
Applying the law to the facts, the issues and trying to resolve them.
Wider Statutory Context
It is often necessary to read the statute as a whole to know what individual things mean.
The Nature of Law
There has to be a coherent form of justice, to help the law. The law won’t breach our individual rights.
“Unless the context otherwise requires”
The definition set in the statute will be used, unless otherwise stated.
“Means” v “Includes”
The word “means” is going to lay out the definition, there is no room for anything else. The word “includes” means this is one possible meaning, but there is the potential of others.
“And” v “Or”
“And” is necessary for the conditions to be satisfied. “Or” presents options for the conditions to be satisfied.
“Shall” and “Must” v “May”
You “must” or “shall” do this is compulsory. “May” suggests a discretion, you have the potential of a choice.
Parliamentary Process
They have the power to make the definitive call in law. They are democratically elected, in theory they represent our choices.
Urgency
The special process that speeds the legislative process up. This means the first, second and third readings are held consecutively.
Purposive
If we want a purpose, what the legislation is trying to achieve.
Noscitur a sociis
The word can take its meaning from the surrounding words so it takes on a specific meaning from a narrowed down general word.
Ejusdem generis
The general words can mean almost anything if we give them a statutory context.
Ejusdem generis - 1
Specific words need to apply to a specific class.
Ejusdem generis - 2
Specific words cannot exhaust that class, if they do they are not doing anything work related.
Ejusdem generis - 3
There must be more than one specific word listed.
Ejusdem generis - 4
The purpose of the legislation should not be defeated by the rule. If the application excludes something that should be included, the rule will be displaced.
Expressio unis est exclusion alterius
If Parliament has been specific about what they want included, some things will be excluded.
Generalia specialibus non derogant
The general rules do not limit the meaning of particular words, or provisions.
“Sees”
Literal meaning, as Parliament could have used different words.
“Forthwith”
Literally means “immediately” or “right away”
Conclusion Trap
Good legal evidence will help conclude the statute, legislation and whether an offence has been met.
Case Law —- Statutory Interpretation
The provision is contextual, they are not always authoritative. It is a tool, not an answer.
Theory aids our understanding.
We have an understanding of the doctrine to get the why of something that helps us to understand the how.
Judges use theory all the time.
Theory is one of the most prominent tools to help guide the decision making in predictable ways.
The Plain Meaning Approach
The literal meaning of the statutory word or phrase determines it’s meaning.
The Golden Rule
If the result looks ridiculous, we can say that it is absurd. Depart from the ordinary meaning of a word.
The Mischief Approach
Purposive interpretation, correctly interpreting what the legislation is saying by looking at the social or economic problem, the ‘mischief’.
Wider Legal Context
We need to think at a more substantive level, using consistency and underlying intent. It must make coherent sense.
Wider Societal Context
We can reinterpret statute to work with society. The Act applies to societal actions as they arise.
Taonga
A chattel is something special, a prized possession.
