Statutory Interpretation (2) Aids To Stautory Interpretation

Question 1

What are some use presumption to ASI?

Answer 1

• criminal and revenue statutes are to be interpreted restrictively
• the common law is not to be overruled except explicitly
• Parliament does not intent to act contrary to international law
• statutes are not to be interpreted retrospectively
• every word in legislation is there for a reason, it has effect.
• the statute uses words with internal consistency (e.g. welfare in as 11 and 16 of the children (s) Act 1995)

Question 2

What’s a presumption?

Answer 2

‘An idea that is taken to be true on the basis of probability’

This is not a rule but a starting point.

Question 3

What’s the Eiusdem Genesis rule?

Answer 3

Things within the same category/ you interpret other thing in the same genus

E.g. Powel v Kempton 1899. Other Places for betting?

Question 4

What’s Noscitur a sociis?

Answer 4

You are known by the society you keep

E.g. SPUC profile Scotland v Scottish minster 2019

Question 5

What’s the meaning of expressio unius est exclusio alteruis?

Answer 5

The explicit inclusion of a thing is the implicit exclusion of everything else

E.g R v Caledonian Ry co 1850