Statutory Interpretation

Question 1

What is Statutory Interpretation?

Answer 1

• parliament makes legislation - its the role of the courts to interpret it

Question 2

What are the 3 Rules of Statutory Interpretation?

Answer 2

1. The Literal rule
   - the ordinary meaning of the words
2. The golden rule
   - where the ordinary meaning would contradict or limit the intention of parliament
   - used to prevent absurdity when interpreting parliament
3. The mischief rule
   - considers the problem the law is trying to address

Question 3

What is the Purposive approach?

Answer 3

seeks to arrive at the best interpretation of the words

Question 4

What are the Aids to interpretation?

Answer 4

Intrinsic Aids
- 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
Extrinsic Aids
- courts will look beyond the statute to ther sources that are part of the legislative process, other statutes or academic writing
–> pre-parliamentary material, explanatory notes, parliamentary material, other statutes, academic literature

Question 5

What are the wording of the statute?

Answer 5

• courts will read the act as a whole and then obey by 3 common rules:
  1. Noscitur a sociis
  2. Ejusdem generis
  3. Expressio unius exclusion alterius

Question 6

Nascitur a sociis

Answer 6

• means ‘known by the company it keeps’
• words in a statute derive meaning from the words around them
• a word should have the same meaning throughout an act unless there was a statement that should interpret it differently

Question 7

Ejusdem generis

Answer 7

• means ‘of the same type’
• if wording with general meaning follows a list of specific words in a statute then the general wording applies to things of the dame type as the specific words

Question 8

Expressio unis exclusion alterius

Answer 8

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

Question 9

What is the use of Hansard?

Answer 9

• the use of hansard when interpreting a statute should follow the rules set out in the leading case of Pepper v Hart
  1. the legislation in question is ambiguous, obscure
  2. the material relied on consists of statements by a Minister (or Promoter of the Bill)
  3. The statements relied upon are clear

Question 10

What are some key presumptions or wokring rules?

Answer 10

• the statute will not alter the common law
• the crown is not bound bt rhe statute
• mens rea is required for criminal offences
• the statute will work prospectively
• the statute will work in favour of the defendant

NOTE: these are rebuttable meaning they are the working rules but could be that the legislation is intended to change them

Question 11

Declarations of incompatibility

Answer 11

• cases where the courts have been called upon to make declarations of incompatibility with the Convention
• R v Ministry of Justice [2014]
• R v Secretary of State for International Development [2018]

Question 12

What is the Primary Rule?

Answer 12

legislation does not need interpretation, and the meaning should be plain