Statutory Interpretation

Question 1

What is the order?

Answer 1

Intro
Look at particular provisions
Consider the act as a whole (contextual approach)
Consider the legislative history (contextual approach)
Consider the wider context
Conclude

Question 2

Intro

Answer 2

Commencement of act

Jurisdiction

Question 3

Look at particular provision

Answer 3

Literal approach?
Neighbouring words (noscitur a sociis, ejusdem generis)

Question 4

Consider the act as a whole

Answer 4

Contextual approach
Other provisions
Purpose section (purposive approach)
Definition section
Parts of the act: headings, schedule
Expressio unius
Generalia specialbus

Question 5

Consider the legislative history

Answer 5

Contextual approach no.2
Extrinsic materials
- second reading
- explanation of purpose (purposive approach)

Question 6

Consider the wider context

Answer 6

Interpretation acts (eg discretions/obligations; general definitions)
Related legislation
Doctrine of precedent
Common Law presumption (which can be rebutted by clear parliamentary intention)
Unreasonable consequences? (Purposive approach)

Question 7

Conclusion

Answer 7

Which interpretation is preferred?