Statutory Interpretation Notes

Statutory interpretation

• Parliamentary intention

  • In interpreting statutes the courts are looking for the intention of Parliament, but this intention is frequently difficult to find.

• Rules of statutory interpretation

  • There are four approaches to statutory interpretation:

    • The literal rule;

      • If the words of the statute are in themselves precise and unambiguous, then no more can be necessary than to expound those words in their natural and ordinary sense.

    • The golden rule;

      • a court may depart from the ordinary meaning where that would lead to absurdity

    • The mischief rule; and

      • What was the common law before the making of the Act; What was the mischief and defect for which the common law did not provide; What remedy Parliament resolved and appointed to cure the disease; The true reason of the remedy

    • The purposive approach.

      • The first task of a court of construction is to put itself in the shoes of the draftsman – to consider what knowledge he had and, importantly, what statutory objective he had …being thus placed…the court proceeds to ascertain the meaning of the statutory language

• Human rights act 1998

  • Under s. 3 of the 1998 Act the courts are required to read legislation in a way that is compatible with...

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