British clergyman, residing in england, to serve as its rector and pastor. The interpretation of statutes hc 256 welcome to gov. Baker skip to main content accessibility help we use cookies to distinguish you from other users and to provide you with a better experience on our websites. Statutory interpretation is an important aspect of the common law. Introduction to statutory interpretation law essays. Some judges prefer one rule, while other judges prefer another. Statutoryinterpretationdocas pdf about this resource.
The purpose of this article is to consider the value of these rules and possible changes in them and in their use. There is a tremendous output of federal, state and territory legislation. Pdf there is a peculiar point of agreement between prominent defenders of originalist and. These rules each take different approaches to interpretation of the words in legislation. Statutory interpretation is the act or process of interpreting and applying legislation. Sometimes the words of a statute have a plain and straightforward meaning. Some statutes can have straightforward meanings, while others can be ambiguous.
The different interpretations obtained from the statute are then examined to determine which interpretation applies to the statutory ac acr seacacw orac ack inac foac ac. As far back as 1969 the law commission recommended that the mischief rule should be the only rule used in statutory interpretation. It is the principles developed by courts for interpreting statutes. Theories, tools, and trends congressional research service summary in the tripartite structure of the u. Principles of statutory interpretation 2 of 7 remedial laws are to be liberally construed.
The problem of statutory interpretation is framed as one of weighing contested interpretations as pro and con arguments. This file may not be suitable for users of assistive technology. It considers not only the interpretation of statutes which legislate for human rights but also those situations where it is said that a statute dealing with some other subjectmatter violates a constitutional or human right. Statutory interpretation is embedded in constitutional law. Turning to the public law of the uk, us, and australia, this article identi.
Statutory interpretation consists of three main rules which are described as the literal. The hon michael kirby ac cmg statutory interpretation has replaced the analysis of judicial reasons about the common law as the most important task ordinarily performed by australian lawyers. Statutory interpretation how to judges read and interpret acts of parliament. Statutory interpretation is embedded in constitutional law, and constitutional law has undergone a process of change in the last 40 years or so. When courts render decisions on the meaning of statutes, the prevailing view is that a judges task is not to make the law, but rather to interpret the. Statutory interpretation and human rights oxford scholarship. Statutory interpretation legal definition of statutory. It can be argued that effecting law reform in this area through statutory regulation would be ineffective, since statutory interpretation is inevitably a matter for the courts.
Overview separation of powers parliament makes the laws. The case of cheeseman, as mentioned earlier, illustrated several of the problems of statutory interpretation. These rules are the most common approach in examining the meaning of the language used or the application to which the statute was intended or a combination of both. Click download or read online button to get bennion on statutory interpretation book now. What is the importance of statutory interpretation.
The importance of the subject is considerable because the primary. Statutory interpretation advantages and disadvantages. Statutory interpretation and parliamentary intention the. First, its impossible as a practical matter to draft a statute that covers every possible eventuality. Rules of statutory interpretation linkedin slideshare.
An evaluation of the rules of statutory interpretation quintin johnstone the rules of statutory interpretation are under attack as being worthless and even harmful. Although legislature makes the statute, it may be open to interpretation and have ambiguities. Pdf the divergence of constitutional and statutory interpretation. This draft has since been made as a uk statutory instrument. The general methods of statutory interpretation are not regulated by parliament, but have been developed by the judges. The interpretation of statutes hc 256 created date. However, in order to interpret eu legislation, members of the judiciary in the uk have had to adopt a. Principles and pragmatism for a new age judicial commission of new south wales.
The definition of statutes have had very specific words but indeed the judges would still need the statutory interpretation to help them. In about half of all reported cases in australia, the courts are. Introduction statutory interpretation is the process of interpreting and applying legislation to decide cases. The reason of this, even how, the words in the statutes are specific but sometimes the words contains ambiguity and vagueness in words. Despite england and wales being a common law jurisdiction, in the modern legal.
At some point, something will come up that isnt covered by the statute, and then th. The interpretation act 1978 does not provide notes for interpretation but simply provides standard definitions of common provision. The various methods of statutory interpretation that have been developed by the courts over the years of the british legal system are a common law concept. The interpretation of statutes is, in fact, a critical function of the judiciary. Statutory interpretation essay example graduateway. Statutory interpretation free coursework from essay. So far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in. There has been a noticeable shift in the expression of law from court judgments to expositions in legislation.
Statutory interpretation and constitutional legislation. Statutory interpretation is process of interpreting statutes by the judges. But in most cases, there is some ambiguity or vagueness in the. The case of adler v george 1964 is a classic example of the courts applying the golden rule. The authority and interpretation of regulations by andrew. The health and social care act 2008 regulated activities regulations 2010 no. Statutory interpretation introduction statutes historically comprised a small portion of the law in the english legal system.
Bennion statutelaw, 1990, has identified a number of factors that may cause doubt 1. But words can be blunt more than one meaning, old fashioned language, absurd results. Under the golden rule for statutory interpretation, where the literal rule gives an absurd result, which parliament could not have intended, the judge can substitute a reasonable meaning in the light of the statute as a whole. In cases that involve a statute, there is often a need for statutory interpretation. The classic statement of the mischief rule is that given by. Thus, many of the cases which come before the courts concern a dispute over the meaning of. In the english law there are three rules that exist to assist a court in the interpretation of an act of parliament. Statutory interpretation refers to the process by which a court looks at a statute and determines what it means. Statutory interpretation is necessary for several reasons. An evaluation of the rules of statutory interpretation. When looking at statutory interpretation its vital to understand that some statutes can be straight forward and have a simplistic meaning, however this is not always the case as there can be confusion over the true meaning of various statutes. Modern statutory interpretation statute law society.
This in turn reflects shifts in judicial understanding of the political principles which underlie the uk s constitutional arrangements. This one introduces the subject and looks at why we need i. It concludes that the uk is a relative newcomer in the field of. A statute, which is a bill or law passed by the legislature, imposes obligations and rules on the people. It is an example of the courts taking the words literally. Some judges also feel that their role is to fill the gaps and ambiguities in the law whilst others think that it should.
Interpretation is necessary when case involves suble or ambiguous aspects of a statute. Bennion on statutory interpretation download ebook pdf. This is also referred to as statutory construction. Introduction the purpose of this assignment is to give a clear definition of statutory interpretation and the approaches associated with it. It argues that such a theory involves understanding the authority of regulations. Heydon js statement in momcilovic that the common law of statutory interpretation requires a court to search, not for the intention of the legislature, but for the meaning of the language it used 31 is seemingly misconceived because it disregards the function that legislative intention serves. Jobs jobs home uk international australia primary elementary secondary high school careers. By what methods do the judges interpret the meaning of an act of parliament. The final rule of statutory interpretation is the mischief rule, under which a judge attempts to determine the legislators intention. The difference between the two main approaches to statutory interpretation in sa can largely be reduced to the respective views on the relationship between the text and the context of legislation.
The rules of statutory interpretation 2 translegal. This can lead to difficulties where the facts of the case may not have been envisaged by parliament or where there exist drafting errors or ambiguity in the statute. Ppt and worksheet regarding statutory interpretation ppt and worksheet regarding statutory interpretation resources. It should be used to prevent abuses of words of art and presumption to advantage the government and prejudice. This form is intended for use by people litigating against the government or in a courtroom controlled by a government judge. Statutory interpretation picture box once parliament has passed an act, it then falls to the courts to apply the statute in a particular case.
Statutory interpretation lecture notes law teacher. In cases where a statute may be vague, judges must step in to decipher the legislative intent. Statutory interpretation has been called a nonsubject. Statutory interpretation and parliamentary intention volume 52 issue 3 j. If you use assistive technology such as a screen reader and need a version of this document in a. Pdf legal research and writing statutory interpretation worksheet. These rules each take different approaches to interpretation of a statute. This was inevitable as the amount of law made by, or under, legislation increased and the room for the residual common law narrowed. Some judges also feel that their role is to fill the gaps and ambiguities in the law whilst others think that it should be left to parliament as the supreme lawmaker. This is so a better understanding can be created on how judges use these approaches to interpret statutes when in court.
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