Statutory interpretation and the plain meaning rule core. Statutory interpretation is the process of reading and applying statutory laws, and judges trying to. Methods of statutory interpretation used to resolve. Theories, tools, and trends congressional research service r45153 version 2 updated 1 introduction no vehicles in the park. Sztal v minister for immigration and border protection 2017 262 clr. I shall, however, pick out a few landmark stages along the way before i examine two modern cases in a little detail.
The court has the task of decide the exact meaning of a word. The approach of the judges to statutory interpretation in the first half of the 14 th century has been the subject of a fascinating and erudite study by theodore plucknett 1980. Statutory interpretation has for many years, particularly in the united states. What was the common law before the making of the act. The rules of statutory interpretation are rather crude labels for. Ascertaining legislative intention by reference to statutory language has long been the fundamental object of statutory interpretation. General principles of statutory interpretation with special reference. Statutory interpretation, which is by no means a precise art, involves the application of certain rules and presumptions. Courts and commentators generally view the field as ahistorical, consisting of a few timeless rules. The interpretation of laws is confined to courts of law. Statutory interpretation and constitutional legislation.
This approach is reflected in both the common law of statutory interpretation and in s. Alexis w gives her own definition of this by stating that statutory interpretation refers to the process by which a court looks at a statute and determines what it means. Statutory silence statutory silence may mean a few things. The law of statutory interpretation has become the most important single aspect of legal practice. Principles and pragmatism for a new age judicial commission of new south wales. The uk is rare in having no single constitutional document. 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. These rules each take different approaches to interpretation of a statute. The judge should try to think his way as best he can into the minds of the enacting legislators. Statutory interpretation free coursework from essay.
Pdf statutory interpretation k a a n thilakarathna. Postage costs will apply outside the uk we are currently out of stock. A statute may need interpretation if the act is badly drafted, or because the subject matter of the act is complex, or when errors are inevitable. Thus, many of the cases which come before the courts concern a dispute over the meaning of a word or phrase in a statute. It is a central, essential skillan area of law in itself. In respect to statutory interpretation, it first asks whether judges are faithful agents of the legislature or independent cooperative partners. Jun 02, 2017 a prominent recent example is the courts approach to interpretation of tax legislation, incorporating the ramsay doctrine into the process of statutory interpretation, so that there is now in effect a presumption that charging provisions in tax statutes are applicable in relation to transactions undertaken for genuine commercial reasons, and cannot be avoided by imposition of artificial. Hamlyn lecture 2017 andrew burrows statutory interpretation. It is an example of the courts taking the words literally.
This item of legislation is only available to download and view as pdf. Project blue sky inc v australian broadcasting authority 1998 194 clr 355, at 384. Jun 08, 2017 statutory interpretation is the procedure in which a court interprets legislation in order to create a better understanding of the statute. Statutory interpretation is embedded in constitutional law. Some amount of interpretation is often necessary when a case involves a statute. Statutory interpretation is the process by which courts interpret and apply legislation. Convention rights, affects statutory interpretation in the united kingdom. Statutory construction chapter i preliminary considerations statutory construction defined statutory construction the art or process of discovering and expounding the meaning and intention of the authors of the law with respect to its application to a given case, where that intention is rendered doubtful, among others, by reason of the fact that the given case is not explicitly provided. Statutory interpretation advantages and disadvantages. How to read and apply legislation in 40 easy pages. In england, parliament historically failed to enact a comprehensive code of legislation, which is why it was left to the. Its more fun and engaging to study cases, as vignettes of real life.
University of kentucky uknowledge law faculty scholarly articles law faculty publications summer 1999 legislative intent and statutory interpretation in england and the united states. Secondly, the growth in the size and importance of the laws made by and. Statutory interpretations is the process by which judges interpret acts of parliament. Significant areas of the law are determined entirely by statute.
Statutory interpretation or interpreting an act of parliament means pdf sunshine, moonshine. Statutory interpretation is the process of reading and applying statutory laws, and judges trying to find out the intention of parliament when passing the law. Judges in european nation typically apply 3 basic rules of statutory interpretation, and similar rules also are utilized in alternative common law jurisdictions. Interpreting constitutional legislation cambridge repository. The rules behind statutory interpretation law teacher. The shifting sands of statutory interpretation sir john dyson. England,2this approach of the courts is based on the fact that the prerogative power. Statutory interpretation involves the reconstruction of the meaning of a legal statement when it cannot be considered as accepted or granted. The mischief rule is contained in heydons case 1584 3 co rep 7, where it was stated that for the true interpretation of all statutes four things are to be considered. Powell v kempton park racecourse 1899 ac 143 hol the betting act 1853 uk. At this point in time referred to in uk law as ip completion day, key transitional arrangements come to an end and significant changes begin to take effect across the uk s legal regime. See, for instance, cic insurance ltd v bankstown football club ltd 1997 187 clr 384, at 408. Pdf a model for theologizing in arab muslim contexts. There have also been substantial increases in the numbers of reported cases, both in print and in electronic form, over recent years.
It concludes that the obvious answer is that neither simple categorization really fitsthat the function of judges involves a combination of roles. Good practice guide bachelor of laws statutory interpretation. Posner, statutory interpretation in the classroom and in the courtroom, 50 u. Interpretation, rules and principles of statutory oxford.
Needless to say, such an approach will necessarily require more problembased examples during lectures and contact sessions. For decades, lawyers have debated the proper scope of this hypothetical law. Introduction to statutory interpretation law essays. In course of time, courts have evolved a large and elaborate body of rules to guide them in construing or interpreting laws. Judges in england generally apply three basic rules of statutory interpretation, and similar rules are also used in other common law jurisdictions. Yet statutory interpretation languishes as a subject of study. Statutory interpretation has 1 available editions to buy at pdf selected verse. This phenomenon needs to be considered not only from the legal and linguistic perspective, but also from the argumentative one which focuses on the.
Statutory interpretation in australia 5th ed, 2001 1. Most of the law which the courts are called on to apply is statutory. Pdf statutory interpretation and the role of the courts after brexit. Sometimes the words of a statute have a plain and a straightforward meaning. For the most part, law students are expected to pick it up by a sort of process of osmosis. No area of the law has escaped statutory modification. Sep 24, 2014 of interpretation in the administrative setting, see michael herz, purposivism and institutional competence in statutory interpretation, 2009 mich. Statutory interpretation is embedded in constitutional law, and constitutional law has undergone.
First, by the mid 20th century, it was generally appreciated that the words of judges, written in their opinions, should not be subjected to the precise analysis appropriate to statutory and similar texts. The judiciaries constitutional role is to interpret and apply the law passed by parliament and make decisions. The interpretation of statutes hc 256 created date. Bennion statutelaw, 1990, has identified a number of factors that may cause doubt 1. The interpretation of uk domestic legislation in the light of. This fifth edition is not only the product of more than three decades efforts including misguided visions and mistakes to teach interpretation of statutes to. The literal rule, the golden rule and therefore the mischief rule. The modern approach to statutory interpretation requires consideration of context and purpose, rather than a literal approach. Larger quantities available on request prices include postage.
This one introduces the subject and looks at why we need. The paper builds an interpretation procedure by formulating a set of argumentation schemes that can be used to comparatively evaluate the types of arguments used in cases of contested statutory interpretation in law. Modern statutory interpretation statute law society. General approaches to statutory interpretation the general approach to statutory interpretation is today not in doubt. The european ius commune that legal system was the ius commune. The object of all such rules or principles is to ascertain the true intent, meaning and spirit of every statute. In those cases the task of the court is to decide the exact. Statutory construction chapter i preliminary considerations statutory construction defined statutory construction the art or process of discovering and expounding the meaning and intention of the authors of the law with respect to its application to a given case, where that intention is rendered doubtful, among others, by reason of the fact that the given case is not explicitly. The problem of statutory interpretation is framed as one of weighing contested interpretations as pro and con arguments. The golden rule this is applied where application of the ordinary everyday meaning of the word would lead to an absurd result the judge departs from the normal meaning of the word to the extent that it is necessary to give a sensible result. So far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in.
The case of cheeseman, as mentioned earlier, illustrated several of the problems of statutory interpretation. Statutory interpretation the need for statutory interpretation. Statutory interpretation is not just one extra skill for lawyers to have. The meaning of meaning 115 courts, lawyers and others need to make in a transparent, consistent and principled manner. Theories, tools, and trends congressional research service summary in the tripartite structure of the u.
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