Statutory Interpretation

Question 1

What are the stages of the legislative process?

Answer 1

1. First reading (formality, no debate)
2. Second reading (debate on general principles and policy, first vote)
3. Committee stage (line by line examination, committee inquiries)
4. Report stage (further amendments may be proposed)
5. Third reading (bill is handed over)
6. Passes to the other house and repeat steps 1-5 (either to the house of commons or house of lords depending on who had it first)
7. Consideration of amendments
8. Royal assent (formality)

Question 2

What is statutory interpretation?

Answer 2

• The process judges use to understand and apply laws (statutes) written by legislatures.

Question 3

What is the primary rule of statutory interpretation?

Answer 3

• The ‘plain meaning rule’
• Legislation does not need interpretation and the meaning should be plain

Question 4

What are the 3 rules of statutory interpretation

Answer 4

1. The literal rule: judges interpret a statute exactly as they are written using the ordinary meaning of the words
2. The golden rule: if the ordinary meaning would contradict or limit the intention of Parliament or would lead to an absurdity judges can modify the interpretation to avoid this
3. The mischief rule: focus on the issue the law aimed to address

Question 5

What is the purposive approach?

Answer 5

Judges interpret laws by focusing on the purpose or intent rather than just the literal meaning of the words

The court may consider:
- The legislation itself
- The explanatory notes
- Consultation papers
- And debates on the Houses of Parliament

Question 6

What are Intrinsic aids?

Answer 6

Courts will look beyond the wording of a provision to other parts of the statute.

• Long title
• Section descriptions (marginal notes)
• Definitions in the legislation itself
• Neighbouring provisions.

Question 7

What are Extrinsic aids?

Answer 7

Courts will look beyond the statute to other sources

Legislative process
- Pre-parliamentary material
- Law commission reports
- Command papers and consultations
- Explanatory notes
- Parliamentary material

Other statues;

;Or academic writing.

Question 8

What does Noscitur a sociis mean?

Answer 8

• ‘known by the company it keeps’
• Words in a statute derive meaning from the words around them. The provision should be read in the context of its neighbouring provisions

Question 9

What does Ejusdem generis mean?

Answer 9

• ‘of the same type’
• If a law lists specific items followed by more general terms, the general terms are interpreted to include only things of the same type as the specific items listed

For ex “dogs, cats, and other animals” other animals refers to pets not wild animals like dogs and cats

Question 10

What does Expressio unis exclusion alterius mean?

Answer 10

• ‘to express one thing is to exclude another’
• If there are only specific words, then the list is considered exhaustive

Question 11

What are the rules set out by Hansard to interpret a statute?

Answer 11

1. Ambiguity or Absurdity: can be used if wording of the law is unclear, ambiguous or leads to an absurd result
2. Clear statement: a minister or promoter of the bill must have made a statement in parliament about the law’s meaning or purpose that addresses the ambiguity
3. The statements relied upon are clear

Question 12

What are the Presumptions?

Answer 12

• The statue will not alter the common law
• The statute will work prospectively
• The statute will work in favour of the defendant
• The crown is not bound by the statute
• Mens rea is required for criminal offences

Question 13

What cases has the court been call upon to make declarations of incompatibility with the convention?

Answer 13

• The court did not make a declaration in Nicklinson and another v Ministry of Justice (2014)
• The court made a declaration in Steinfeld v Secretary of State for International Development (2018)