Statutory Interpretation Flashcards
Statutory Interpretation
- Canons of construction
- 7 Presumptions
- 4 Maxims of Statutory Interpretation
- The Exclusionary rule
- Interpretation Act 2005
Canons of Construction
- Old rules of statutory interpretation
- Literal Rule
- Golden Rule
- Mischief Rule
- Modern approaches
- Literal approach
- Purposive approach
The Literal Approach
- Giving words their ordinary, everyday meaning
- It’s the default approach, to be used first, unless results in inconsistency or absurdity
- Adopted in Inspector of Taxes v. Kiernan, in which SC identified basic rules
Inspector of Taxes v. Kiernan
SC identified basic rules of statutory interpretation:
- Ordinary meaning if addressed to public at large
- Specialist meaning if directed to a special class
- Ambiguity in penal or revenue statutes to be construed strictly to prevent new liabilities being imposed
The Purposive Approach
- Identifying legislation’s purpose and interpreting its words to achieve it
- Modern equivalent of golden and mischief rule
- Used if literal approach fails - results in inconsistency or absurdity
- Example: Nestor v. Murphy
Nestor v. Murphy
- A married couple attempted to use a literal interpretation of the Family Home Protection Act to avoid selling their house when they changed their mind after signing the contract
- Literal approach would have rendered a result contrary to the purpose of the legislation
7 Presumptions
- Presumption of constitutionality
- Presumption of compatibility with EU Law
- Presumption of compatibility with international law
- Presumption against retrospectivity
- Presumption against extra-territorial effect
- Presumption against unclear changes in the law
- Presumption that all words bear a meaning
Presumption of Constitutionality
- Legislation enacted after the 1937 Constitution is presumed to be compatible with it
- In case of competing interpretations, courts will apply the constitutional one
- A provision will be held unconstitutional only if no reasonable constitutional interpretation
Presumption of Compatibility with EU Law
Legislation presumed to be compatible with EU Law unless and until shown otherwise
Presumption of Compatibility with International Law
Legislation presumed to be compatible with international obligations unless and until shown otherwise
Presumption against Retrospectivity
- Unfair to penalise someone for an act that was legal at the time
- Art 15.5 of the Constitution prohibits enactment of retrospective obligations on citizens
- Retrospective criminal statutes prohibited by ECHR
Presumption against Extra-Territorial Effect
Legislation is presumed to apply only in Ireland unless it expressly says otherwise
Presumption against Unclear Changes in the Law
If a provision is ambiguous, the court will interpret it in a way that doesn’t change the law
Presumption that All Words Bear a Meaning
- Each word in legislation is presumed to mean something.
- If similar words are used, it’s presumed there is a difference between them
4 Maxims of Statutory Interpretation
- Noscitur a Sociis (“it is known from fellows or allies”)
- Generalia Specialibus non Derogant (“general provisions cannot derogate from specific provisions”
- Expressio Unius est Exclusio Alterius (“the expression of the one is the exclusion of the other”)
- Ejusdem Generis (“of the same type”)
Noscitur a Sociis
A court may interpret a word or phrase in a way consistent with words or phrases surrounding it.
Generalia Specialibus non Derogant
Legislation containing general subject matter doesn’t affect legislation applying to a specific topic
Expressio Unius est Exclusio Alterius
Anything not expressly set down in a provision is excluded from it
Ejusdem Generis
Where a general word follows particular and specific words of the same nature it takes its meaning from them and is presumed to be restricted by them
Exclusionary Rule
- The courts may not consider legislative history, i.e. statements made during debates in the Oireachtas
- Courts may examine the Act’s long title, related legislation and relevant international treaties
- Reasons: legal certainty and freedom of expression in the Oireachtas
Interpretation Act 2005
- Purposive approach to be used
- If a provision is obscure or ambiguous
- If a literal approach would result in absurdity or fail to reflect intention of the legislature
- Except for acts imposing a penal or other sanction
- More modern interpretation allowed to account for changes in law, social conditions, technology, the meaning of words, which occurred since
- Courts may use marginal notes and headings
