Week 2 - Statutory Interpretation

Question 1

What is statutory interpretation

Answer 1

need for statutory interpretation due to ambiguity, inadequate expression, technical language or drafting errors

Parliament makes legislation, it is the role of the courts to interpret it

Question 2

What is the primary rule of statutory interpretation

Answer 2

the plain meaning rule - is that the legislation does not need interpretation, and the meaning should be plain

Question 3

What are the three rules of statutory interpretation?

Answer 3

The literal rule - The ordinary meaning of the words

The golden rule - Where the ordinary meaning could contradict or limit the intention of Parliament

The mischief rule - Considering the problem the law is trying to address

Question 4

What is the purposive approach

Answer 4

The modern approach is the purposive approach

seeks to arrive at the best interpretation of the words

Question 5

What is the modern approach

Answer 5

This is the leading case on the modern approach to statutory interpretation hold, as per Lord Bingham

It is to give effect to parliament’s purpose. So the controversial provision should be read in the context of the statute as a whole, and the statute as a whole should be read in the historical context of the situation

Question 6

What does intrinsic aids mean

Answer 6

This is that courts will look beyond the wording of a provision to other parts of the statute.

Matters within the act itself to make it clearer

• Long title
• Section description - titles or different parts of the legislation
• Definition in the legislation itself
• Neighbouring provisions - could be in other parts of the legislation

Question 7

What does extrinsic aids mean

Answer 7

This is that courts will look beyond the statute to other sources that are part of the legislative process, other statutes or academic writing

• Pre-parliamentary material
• Law Commission reports
• Command papers and consultations
• Explanatory notes - support public awareness and public explanation
• Parliamentary material
• Other statues
• Academic literature

Question 8

The wording of the statute

Answer 8

The first principle is that the courts will read the act as a whole

Then there are three common rules, known by their Latin terms:
- Noscitur a sociis
- Ejusdem Generis
- Expressio unius exclusion alterius

Question 9

Noscitur a Sociis

Answer 9

This means “known by the company it keeps”

Words in a statute derive meaning from the words around them. The provision should be read in the context of its neighbouring provisions

Presumed that a word should have the same meaning throughout the act unless the legislation says the word should be interpreted differently

Question 10

Ejusdem Generis

Answer 10

This means of the same type

If wondering with general meaning follows a list of specific words in a statute, then the general wording applies to things of the same type as the specific words

For example, the Customs Consolidation Act 1876 reads: The importation of arms, ammunition, gunpowder or any other goods may be prohibited

Question 11

Expressio unius excursion alterius

Answer 11

Expressio unius exclusion alterius means “to express one thing is to exclude another”

If there are only specific words, then the list is considered exhaustive

For example, section 2(3) of the immigration act 1983 states that the meaning of ‘parent’ in section 2(1) includes the mother of an illegitimate child. This means that the more general term parents are to be limited to mothers

Question 12

The use of Hansard

Answer 12

The use of Hansard in interpreting a statute should follow the rules set out in the leading case of Pepper v Hart

1. The legislation in question is ambiguous, obscure
2. The material relied on consists of statements by a minister (or promoter of the Bill)
3. The statements relied upon are clear

Question 13

What are some key presumptions or working rules

Answer 13

The statute will not alter the common law

The crown is not bound by the statute

Men’s rea is required for criminal offences

The statute will work prospectively

The statute will work in favour of the defendant

Note these are presumptions are rebuttable - this means that they are working rules, but it could be that the legislation is intended to change them

Question 14

Declarations of incompatibility

Answer 14

These are cases where the courts have been called upon to make declarations of incompatibility with the Convention