It is the principles developed by courts for interpreting statutes. Statutory Interpretation The language is the most important part of a statute. A statute shall not be interpreted so as to be inconsistent with other statutes. In Australia and in the United States, the courts have consistently stated that the text of the statute is used first, and it is read as it is written, using the ordinary meaning of the words of the statute. A statute is presumed not to apply to the Crown. Rule of Harmonious Construction 5. They cannot, however, restrict an unambiguous provision's scope, but they can be used to determine the nature of a provision, and this can have a restrictive effect."[20]. Statutory Interpretations is the process by which Judges interpret Acts of Parliament. AU - Boughey, Janina. [9] If a statutory provision is open to more than one interpretation the court has to choose that interpretation which represents the true intention of the legislature. does the use of a new cloning technique create an embryo within the meaning of statute enacted when embryos could only be created by fertilisation? To complete this assignment, each rule of statutory interpretation will be thoroughly explained as well as the question, “How do courts interpret statutes?” Statutory Silence Statutory silence may mean a few things: (1) Where a statute is silent, courts must turn to the common law to fill statutory gaps (2) Where a statute contains an express exemption, but silence as to another potential exemption, there is an implied intent to not exempt the latter In a classic article, Karl Llewellyn argued that every canon had a "counter-canon" that would lead to the opposite interpretation of the statute. T1 - Public Law and Statutory Interpretation. The French philosopher Montesquieu (1689-1755) believed that courts should act as "the mouth of the law", but soon it was found that some interpretation is inevitable. (1) An Act must be construed as a whole, so that internal inconsistencies are avoided. 1095 at Flipkart.com. This is also referred to as statutory construction. Common Law Principles and Presumptions 9. [11], Federal jurisdictions may presume that either federal or local government authority prevails in the absence of a defined rule. Statutory Interpretation. (7) The rule in pari materia (on the like matter): when a prior Act is found to be “on the like matter” it can be used as an aid in construing the statute in question (R v Loxdale (1758) 1 Burr 445, 447 (Lord Mansfield); 97 ER 394). Also known as canons of construction, canons give common sense guidance to courts in interpreting the meaning of statutes. This requires statutory construction. In the United Kingdom this principle is known as parliamentary sovereignty; but while Parliament has exclusive jurisdiction to legislate, the courts (mindful of their historic role of having developed the entire system of common law) retain sole jurisdiction to interpret statutes. Interpretation, Rules and Principles of Statutory. Notes from Smith & Bailey on the Modern English Legal System, Third edition 1996, p351-403; cases in Jacqueline Martin, The English Legal System, chapter 3.. INTRODUCTION. If that individual argued to the court that a motorcycle is not a "motor vehicle," then the court would have to interpret the statute to determine what the legislature meant by "motor vehicle" and whether or not the motorcycle fell within that definition and was covered by the statute. KW - statute law. It now circles in the orbit of statute” –Kirby ACJ Public law and statutory interpretation are intertwined Parliamentary Sovereignty means that if there is a conflict between statute and common law, statute prevails. is the law of statutory interpretation. Deference canons instruct the court to defer to the interpretation of another institution, such as an administrative agency or Congress. F.A.R. Other Rules 1. The court interprets statutes using the following approaches: The literal approach - interpret according to plain, literal meaning of the words. Not least for that reason, the principles of statutory interpretation require the kind of detailed attention that appears in this monograph. (6) The rule expressio unius est exclusio alterius (the inclusion of the one is the exclusion of the other): when a list of specific items is not followed by general words it is to be taken as exhaustive. [7] Interpretation of a particular statute depends upon the degree of creativity applied by the judges or the court in the reading of it, employed to achieve some stated end. Most canons emerge from the common law process through the choices of judges. In a German perception, courts can only further develop law ("Rechtsfortbildung"). Statutory Interpretation and have a direct impact on the drafting of legislation because as stated by Lord Simon of Glaisdale, 6 F. A.R. Separation of powers ensures the three separate powers only function within their boundaries; judiciary is there to interpret the laws made by the legislative. KW - public law. You could not be signed in, please check and try again. In my youth, thestatutory law of the State of New South Wales was collected in 12 manageablevolumes, supplementedby a three-volumeindex. Over time, various methods of statutory construction have fallen in and out of favor. The principles governing the interpretation of a statute by a court in a common law setting are, by definition, common law principles and will evolve over time. 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. (5) The rule ejusdem generis (of the same kind): when a list of specific items belonging to the same class is followed by general words (as in “cats, dogs, and other animals”), the general words are to be treated as confined to other items of the same class (in this example, to other domestic animals). Singer, Sutherland Statutory Construction, 6th Edition, Vol. This rule essentially states that the statute means what it says. These techniques assist in anticipating how a Court may interpret a Statute so as to facilitate a resolution or settlement of a matter prior to the necessity for Court determination. Bennion, Statutory Interpretation, Doc No 1990 002 082 Longman, (ISBN 0 ... Principles of Interpretation of Statutes 207 lisher MR in R. v. If the statute does not define the term "motor vehicles", then that term will have to be interpreted if questions arise in a court of law. The principal rules of statutory interpretation are as follows: (1) An Act must be construed as a whole, so that internal inconsistencies are avoided. In common law jurisdictions, the judiciary may apply rules of statutory interpretation both to legislation enacted by the legislature and to delegated legislation such as administrative agency regulations. PRINTED FROM OXFORD REFERENCE (www.oxfordreference.com). Criminal law and tax law must be interpreted very strictly, and never to the disadvantage of citizens,[citation needed] but liability law requires more elaborate interpretation, because here (usually) both parties are citizens. When looking at statutory interpretation it’s 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; words can become ambiguous, meaning that there can be misperceptions made about whether or not individuals are right in their appeals. Systematic interpretation: considering the context of provisions, if only by acknowledging in which chapter a provision is listed. Five key principles: The modern approach to statutory interpretation requires consideration of context and purpose, rather than a literal approach to the interpretation of the words of a statute; Context and purpose may be considered at the first instance, and does not require that the meaning of the words of a statute is uncertain or ambiguous. A statute, which is a bill or law passed by the legislature, imposes obligations and rules on the people. Available at SSRN: "United States v. Jin Fuey Moy", 241 U.S. 394, 401 (1916). Interpretation Act 8. Grammatical interpretation: using the literal meaning of the statutory text. From: (3) Ordinary words must be given their ordinary meanings and technical words their technical meanings, unless absurdity would result. The ejusdem generis (or eiusdem generis, Latin for "of the same kind") rule applies to resolve the problem of giving meaning to groups of words where one of the words is ambiguous or inherently unclear. (3) Ordinary words must be given their ordinary meanings and technical words their technical meanings, unless absurdity would result. Statutory interpretation is the process of determining whether a statute applies to a particular circumstances and if yes, what are the consequences. Statutory interpretation refers to the process by which a court looks at a statute and determines what it means. [10] The function of the courts is only to expound and not to legislate. Karl N. Llewellyn, Remarks on the Theory of Appellate Decision and the Rules of Canons About How Statutes are to be Construed, 3 Vand. 4.2 The rules of statutory interpretation In this part we will explore the number of rules developed by the courts to assist with the interpretation of a statute. The principle of legality can be seen as an example of the application of common law principles, and fundamental rights as defined may change over time. Statutes may be presumed to incorporate certain components, as Parliament is "presumed" to have intended their inclusion. Although legislature makes the Statute, it may be open to interpretation and have ambiguities. KW - constitutional law. However, the House of Lords has ruled against the existence of an alleged social policy rule, which would enable an ambiguous Act to be interpreted so as to best give effect to the social policy underlying it. The first and most important rule is the rule dealing with the statute's plain language. The word 'let' used to mean 'prevent' or 'hinder', Unforeseen situations are inevitable, and new technologies and cultures make application of existing laws difficult. [1979] 1 All ER 142, 143 (HL). In addition, it is argued that the canons give a credence to judges who want to construct the law a certain way, imparting a false sense of justification to their otherwise arbitrary process. KW - legal interpretation. The modern common law perception that courts actually make law is very different. There are two types of Rules of Interpretation with sub-categories: 1. Klimas, Tadas and Vaiciukaite, Jurate, The Law of Recitals in European Community Legislation (July 14, 2008). in This contrasts with other federal jurisdictions, notably the United States and Australia, where it is presumed that if legislation is not enacted pursuant to a specific provision of the federal Constitution, the states will have authority over the relevant matter in their respective jurisdictions, unless the state's definitions of their statutes conflicts with federally established or recognized rights. The judiciary interprets how legislation should apply in a particular case as no legislation unambiguously and specifically addresses all matters. Y1 - 2017. L. Rev. Some judges prefer For example, “weekends and public holidays” excludes ordinary weekdays. AU - Castan, Melissa. Nevertheless, in practice, by performing the construction the court can make sweeping changes in the operation of the law. See all related overviews in Oxford Reference The distinctive feature of contemporary Australian law derives from theoverwhelming importance of the laws made by or under Parliament.I refer tostatutes, regulations, by-laws, executive instruments, rules of court and allthe other ways in which the written lawnow manifests itself. When two interpretations are equally possible, the interpretation that appeals more to common sense and equity may be chosen. 1A, §20.12 (West Group 2000), American Jurisprudence 2d, Vol. If the language itself is straightforward and plain, it must be applied according to its terms. 1. Sometimes the words of a statute have a plain and a straightforward meaning. Teleological interpretation: considering the, Menahem Pasternak, Christophe Rico, Tax Interpretation, Planning, and Avoidance: Some Linguistic Analysis, 23 Akron Tax Journal, 33 (2008) (, This page was last edited on 11 December 2020, at 23:40. Bennion (StatuteLaw, 1990), has identified a number of factors that may cause doubt:. (2) Words that are reasonably capable of only one meaning must be given that meaning whatever the result. [47], The common textual canons of statutory construction employed in American jurisprudence are: (1) Ejusdem generis - "of the same kinds, class, or nature," [48] (2) Expressio unius est exclusio alterius - "the express mention of one thing excludes all others," [49] (3) Noscitur a sociis - "a word is known by the company it keeps,"[50](4) In pari materia - "upon the same matter or subject," and (5) Common, technical, legal, or trade definition.[51]. Principle of Associated Meaning 9. A statute is presumed not to apply retrospectively (whereas the common law is "declaratory". Statutory interpretation (also called statutory construction) is the act of interpreting a statute particularly when the text of the statute seems contradictory or ambiguous. In England, Parliament historically failed to enact a comprehensive code of legislation, which is why it was left to the courts to develop the common law; and having decided a case and given reasons for the decision, the decision would become binding on later courts. The two main theories of statutory interpretation— purposivism and textualism—disagree about how judges can best adhere to this ideal of legislative supremacy. 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. There are numerous rules of statutory interpretation. Some states (such as the United States) are not a parties to the treaty, but recognize that the Convention is, at least in part, merely a codification of customary international law. Rather, an area of law that is not expressly mentioned in Canada's Constitution will have to be interpreted to fall under either the federal residual jurisdiction found in the preamble of s. 91—known as the Peace, Order and Good Government clause—or the provinces residual jurisdiction of "Property and Civil Rights" under s. 92(13) of the 1867 Constitution Act. (4) When an Act aims at curing a defect in the law any ambiguity is to be resolved in such a way as to favour that aim (the mischief rule). Recourse to "supplementary means of interpretation" is allowed only in that case, like the preparatory works, also known by the French designation of travaux préparatoires. Ambiguity 7. When the intention of legislature is not clearly expressed, a court needs to interpret the laws using the rules of interpretation. A person driving a motorcycle might be pulled over and the police may try to fine him if his motorcycle is not registered with the DMV. 1. All of the above methods may seem reasonable: The freedom of interpretation varies by area of law. The interpretation of international treaties is governed by another treaty, the Vienna Convention on the Law of Treaties, notably Articles 31–33. The two main theories of statutory interpretation—purposivism and textualism—disagree about how judges can best adhere to this ideal of legislative supremacy. Principles of Statutory Interpretation 12th Edition - Buy Principles of Statutory Interpretation 12th Edition by GP Singh only for Rs. KW - administrative law. Some amount of interpretation is often necessary when a case involves a statute. A statute is an edict of the legislature[8] and the conventional way of interpreting a statute is to seek the 'intention' of its maker. Below are various quotes on this topic from US courts: It is presumed that a statute will be interpreted so as to be internally consistent. INTRODUCTION Statutory interpretation is the process of interpreting and applying legislation to decide cases. These are: the literal rule the golden rule the mischief rule the purposive approach. These rules each take different approaches to interpretation of a statute. Rule of Reasonable Construction or Ut Res Magis Valent Quam Pareat 4. Abstract: The means of interpreting the Acts of Parliament by judges is called statutory interpretation. A statute can be interpreted by using the Golden Rule, the Mischief Rule or the Literal Rule. This has been interpreted by the courts as giving them a role in statutory interpretation with Klimas, Tadas and Vaiciukaite explaining "recitals in EC law are not considered to have independent legal value, but they can expand an ambiguous provision's scope. This is called the literal rule. The Courts, in the event of a dispute, use certain principles and techniques in interpreting Statutes. 73, "Statutes" (West Group 2001). ILSA Journal of International & Comparative Law, Vol. In Roman and civil law, a statute (or code) guides the magistrate, but there is no judicial precedent. This is the golden rule. Expressio Units Est Exclusio Alterius 2. The three rules of statutory interpretation are (a) the literal rule, (b) the mischief rule (c) the golden rule. T2 - Principles and Practice. The Mischief Rule: Heydon’s Rule 3. Accordingly, a particular interpretation of a statute would also become binding, and it became necessary to introduce a consistent framework for statutory interpretation. If, for example, the statute says "motor vehicles", then the court is most likely to construe that the legislation is referring to the broad range of motorised vehicles normally required to travel along roadways and not "aeroplanes" or "bicycles" even though aeroplanes are vehicles propelled by a motor and bicycles may be used on a roadway. Judicial interpretation of … ». (c) Copyright Oxford University Press, 2013. GENERAL PRINCIPLES OF INTERPRETATION : At the outset, it must be clarified that, it is only when the intention of the legislature as expressed in the statute is not clear, that the Court in interpreting it will have any need for the rules of interpretation of statutes. There are numerous principles or "canons" that have been developed by the courts and applied to the interpretation of individual statutes. Legislation may contain uncertainties for a variety of reasons: Therefore, the court must try to determine how a statute should be enforced. William S Jordan III, 'Legislative History and Statutory Interpretation: The Relevance of English Practice' (1994) 29 USF L Rev 1. Expressio Unius Est Exclusio Alterius 9. Free Shipping. 30 Day Replacement Guarantee. 4 But in the context of statutory interpretation, Erie’s jurisprudential impact has not been thoroughgoing. In the construction (interpretation) of statutes, the principle aim of the court must be to carry out the "Intention of Parliament", and the English courts developed three main rules (plus some minor ones) to assist them in the task. The rule set out in the Convention is essentially that the text of a treaty is decisive unless it either leaves the meaning ambiguous, or obscure, or leads to a result that is manifestly absurd or unreasonable. It must be emphasized that these are not actual rules and that they maybe at best described as post hoc justifications for decisions which are taken in line with judicial preference. This is called the literal rule. Statutory interpretation is the act or process of interpreting and applying legislation. Primary Rules 1. Common Law: 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. 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