Statutory Interpretation

Question 1

What is the need for statutory interpretation? (5 reasons)

Answer 1

• Double meanings
• Changes in language over time
• Unclear meaning within statute
• New advances in technology/science etc.

Question 2

What is the literal rule?

Answer 2

The literal rule is when words are interpreted to have their plain, ordinary, grammatical definition

Question 3

What are the advantages of the literal rule?

Answer 3

• Saves time as the words/phrases are interpreted in their basic form
• It is democratic as unelected judges aren’t making the law
• Makes the law certain as it is interpreted exactly how it is written

Question 4

What are the disadvantages of the literal rule?

Answer 4

• Assumes every act is written perfectly, and is not possible for parliament to always cover every possible situation through the wording
• Words may have more than one meaning e.g. a dictionary can provide several definitions
• Can lead to unjust/unfair decisions