The Principals Of Judicial Reasoning And Statutory Interpretation Flashcards
What is the significance of Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355, 381?
It was observed that ‘the process of construction must always begin by examining the context of the provision that is being construed’.
The modern approach to interpretation insists that context is considered initially, especially for general words, rather than later when ambiguity arises.
What are some implications of the principle that a provision should be interpreted in context?
- words should be interpreted with reference to: accompanying words; other parts of legislation; the legislation of relevant jurisdiction
- dictionaries may be consulted;
- consistent use of words is assumed
- all words assumed to carry meaning
- words should be interpreted in accordance with current meaning (which may change over time)
- express mention of something else may draw attn to absence of something else
- provisions may be interpreted with reference to: other legislation; the audience; prior or existed law
What is the purposive approach?
Common law method: Words in a statute may be interpreted so that they promote the purpose they were enacted to address
Statutory method: 15AA
Only difference is ‘ambiguity’
What is the literal approach?
Words in a statute must be interpreted in the context in which they appear, according to their plain and ordinary meaning.
What is the golden rule?
The limitation on the literal rule; it is permissible to depart from the grammatical and ordinary meaning of words to avoid an absurd result.
What is the mischief rule?
uncertainty in the meaning of the text may be resolved by considering the mischief which the statute set out to remedy;
in case of ambiguity words in statute may be interpreted to the mischief they were enacted to address, so mischief is supressed
