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. Legislative drafting manuals and statutory interpretation at oral argument in carr v. Statutory interpretation and parliamentary intention the. Statutory interpretation is the process of determining whether a statute applies to a particular circumstances and if yes, what are the consequences. If there is an ambiguity or an absurdity with this. 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 how to judges read and interpret acts of parliament. Overview separation of powers parliament makes the laws. Introduction to statutory interpretation 3 unfortunately for newcomers, this is an inescapably complex task which involves an art, not a science. The case of adler v george 1964 is a classic example of the courts applying the golden rule. Statutory interpretation is the process of resolving those ambiguities and deciding how a particular bill or law will apply in a particular case. Manning in recent years, the supreme court has placed increasing emphasis on the meaning of the enacted text not only in statutory cases,1 but also in constitutional cases. Legislative intent and statutory interpretation in england. Sometimes the words of a statute have a plain and a straightforward meaning.
Volume 6 issue 1 james allan 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. This was inevitable as the amount of law made by, or under, legislation increased and the room for the residual common law narrowed. Introduction to statutory interpretation uk essays. By what methods do the judges interpret the meaning of an act of parliament. But words can be blunt more than one meaning, old fashioned language, absurd results. Whilst it is true to say that the intention of parliament should prevail, the courts have adopted a number of conventional practices to resolve ambiguities. Under the golden rule for statutory interpretation, where the literal rule gives an absurd result. Also refers to the collection of reported judicial.
Where the meaning of the statutory words is plain and unambiguous it is not then for the. Names and uob aanchal saxena 12032303 avanti mukul 12032274 blessy stephen 12032302 charmi dutia 12032275 ramona raduta 12032305 7272015 2 3. Statutory interpretation essay example graduateway. Statutory interpretation rupert cross, john bell, sir. Considers whether uk legislation that is identified as being constitutional should be interpreted in a special way and, if so, what interpretative techniques should be used. For the most part, law students are expected to pick it up by a sort of process of osmosis. For instance, we do not speak normally of the sovereignty of parliament.
The shifting sands of statutory interpretation statute law society. Filling in the gaps is a naked usurpation of the judicial function under the guise of interpretation is a gap is disclosed, the remedy lies in an amending act read the facts of the case of r. Yet statutory interpretation languishes as a subject of study. The final rule of statutory interpretation is the mischief rule, under which a judge attempts to determine the legislators intention. Most of the law which the courts are called on to apply is statutory. The court interprets statutes using the following approaches. Factors which have influenced the shift in the mode of statutory interpretation are. Discusses the approaches used to interpret ordinary legislation and how constitutional provisions are interpreted in other jurisdictions. This new edition provides a comprehensive analysis of the contemporary approach of english courts to the interpretation of statutes. There were three features of the request that made it irresistible. A dialogue on statutory and constitutional interpretation the honorable antonin scalia john f. As of 31 january 2020 exit day, the uk is no longer an eu member state and its relationship with the eu is governed by the withdrawal agreement, which came into effect on 1 february 2020. Also known as the plain meaning rule, the literal rule implies that words used in the law are to be taken in their ordinary context unless it is otherwise defined within.
The means of interpreting the acts of parliament by judges is called statutory interpretation. The literal approach interpret according to plain, literal meaning of the words. Statutory interpretation laws1052 uni study guides. Its more fun and engaging to study cases, as vignettes of real life. Statutory interpretation picture box once parliament has passed an act, it then falls to the courts to apply the statute in a particular case. A guide to reading, interpreting and applying statutes.
Legislative intent and statutory interpretation in england and the united states. Methods of statutory interpretation used to resolve. An assessment of the impact of pepper v hart michael p. We use cookies to collect information about how you use gov. The shifting sands of statutory interpretation sir john dyson. The literal rule, as applied in statutory interpretation, basically states that statutes or laws are supposed to be interpreted in the ordinary meaning that is given to them. The classic statement of the mischief rule is that given by. 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.
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. Bennion statutelaw, 1990, has identified a number of factors that may cause doubt 1. Statutory interpretation and parliamentary intention volume 52 issue 3 j. This website and its content is subject to our terms and conditions. The latest case law developments are incorporated, most importantly pepper v hart which has necessitated extensive changes throughout. The legal system of a common law states that, it is a partiality to handle likewise facts or matters distinctively. A dialogue on statutory and constitutional interpretation.
The two main theories of statutory interpretation purposivism and textualismdisagree about how. Approaches to statutory interpretation and legislative. Since the united kingdom became a member of the european economic. The rules of statutory interpretation linkedin slideshare. Theories, tools, and trends congressional research service 1 introduction no vehicles in the park. The attitude of the supreme court to statutory interpretation seemed a. United states,1 justice alito surprised petitioners counsel by questioning him on two authorities that neither party had briefed. These rules each take different approaches to interpretation of a statute.
In fulfilling their task of applying the law to the facts before them, the courts frequently have to interpret i. Study unit 1 ios 2601 introduction 3 clauses in the supreme constitution that influence interpretation apart from the constitutional values, the interpretation of statutes was transformed by six provisions of the constitution in particular. Is a law formulated by judges with the aid of conclusions of a court to follow the aid of a legislative process by the executive branch. Statutory instruments house of commons information office factsheet l7. I will say that our constitution, and the exigencies of statutory construction. Statutory interpretation is the process by which courts interpret and apply legislation. Statutory interpretation is a concise, systematic introduction to the general principles of statutory interpretation. Statutory interpretation and constitutional legislation. Business law statutory interpretation and judicial precedence essay pages. We use this information to make the website work as well as possible and improve government services.
These rules each take different approaches to interpretation of the words in legislation. Statutory interpretation external aids hansard disadvantages not. Where there is no interpretation section and a general interpretation act does not apply then a number of rules may be applied. Register general ex parte smith 1990 is the decision more like lj dennings or lj. The notion that a word of the english language has a single, objective and scientific meaning, that had only to be discovered. Tes global ltd is registered in england company no 02017289 with its registered office. For decades, lawyers have debated the proper scope of this hypothetical law. The subject of statutory interpretation already has a considerable literature of its own. First, it was made many months before i had to speak. Some amount of interpretation is often necessary when a case involves a statute. The greater part of this, however, is designed to meet the needs of the practitioner or the advanced student. Statutory interpretation daw free download as powerpoint presentation. Definition from nolos plainenglish law dictionarythe law based on judicial opinions including decisions that interpret statutes, as opposed to law based on statutes, regulations, or other sources.
In project blue sky, the observation about the objective of statutory interpretation follows from the courts conclusion as to the literal meaning of a provision, and is followed by a statement that. Each of the sections below addresses the tools of statutory interpretation and identifies relevant canons of construction5 that you can use to justify and support your interpretations. Statutory interpretation daw statutory interpretation. John baker has said in volume vi of the oxford history of the laws of england at p. The shifting sands of statutory interpretation sir john dyson many months ago, i was asked by lord rodger to give this address. Assume, for example, that a statute mandates that all motor vehicles travelling on a public roadway must be registered with the department of motor vehicles dmv. This practice note contains guidance on subjects impacted by the uk s withdrawal from the eu.
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