statutory interpretation Flashcards
interpretation
ordinary meaning of a word as a matter of fact.
legal meaning of a word as a matter of law.
rules of interpretation: the literal rule
words are plain and unambiguous and are not to be given fancied ambiguities as an excuse for failing to give effect to its plain meaning because a judge considers the consequence of plain meaning unjust.
rules of interpretation: the golden rule
literal wording should be constructed unless to produce an absurdity and contrary to the intention of parliament.
If the ordinary meaning causes an ‘inconsistency or an absurdity or inconvenience so great as to convince the court that the intention could not have been to use words in their ordinary signification then another meaning may be placed on those words.
rules of interpretation: the mischief rule
function of judge is to suppress mischief and advance the remedy.
the purposive approach
general overall purpose of the statute.
purpose as revealed in the act.
Move to more purposive approach was recognised in R v Secretary of State for Health.
proportionality
balance the restrictions imposed by a corrective measure and the severity of the nature of the prohibited act.
other aids: extrinsic
Historical setting off the provision. Other statutes. Official reports. Treaties. Parliamentary materials. Dictionaries.
other aids: intrinsic
Rules of language.
Ejusdem Generis (of the same type) - list of specified words.
Noscjtur (known by the company it keeps) - meaning derived from surrounding words.
Expressio Unius est Exclusio Alterius (to express one thing is to exclude others.
presumptions
Give ordinary words their ordinary meaning.
Give technical words their technical meaning.
Against alteration of the common law.
Against deprivation of liberty.
Against deprivation of property or interference with private rights.
Against binding the crown.
Against ousting the jurisdiction of the courts.
Against criminal liability with mens rea (guilty mind).
